C, start a skills course business for people wanting increase there skills walking up and down steps?
😀
as I didn't like the look of them
I've heard it all now. A fit young chap and they look a bit too iffy for you? Honestly? These are the same steps as in your photo? Your bike rides must be thrilling!
The steps are the alternative to walking down a grassy bank between the car parks, which is what I have done in the past, but isn't safe if the grass is wet. The other alternative is the car ramp, but there's cars driving on it.
If this is how you approach life you'd probably be better off staying in bed. My advice would be to do your grocery shopping online.
MissStripes tripped on a set of uneven steps between the car park of two shops [Tesco and PC World]
From reading your posts, it appears you've complained to Tesco. Any reason why you chose them and not PC World?
In reality you've likely complained to the wrong people anyway. This sounds like a 'retail park' and as such is likely to be owned by one of the big corporate landowners (it's normally one of the big investment companies). The shops there will just be tenants. The local Tesco store will no doubt have to log this and refer to somewhere else, possibly HQ who would then more than likely raise the issue formally with the landowner. The landowner would presumably then engage someone to survey and have a look at any history of accidents. Hell, they may proactively do routine inspections. Anyway, if the reporting and inspection has been done. The Landowner would then need to engage someone to do the work, there will be a bunch of H&S stuff to cover (method statements, risk assessments, etc.) and in the corporate world, 10 weeks really isn't that long.
I'm really anti the no win no fee parasites. The steps don't really look that bad to me. I'd suggest if you really want to follow this up, find out who owns the land and ask them.
The consensus of the opinions on here is that your claim (which you clearly came on here asking advice about) is deemed frivolous to the majority of us. This seems not to be what you wanted to hear. Either do what you were going to do anyway or heed the opinions you've received. Don't have a pop at everyone who disagrees with you - that never ends well!
Because they said they hadn't. I went and asked them, yesterday.How do you know that the management company have not already inspected the steps and found them to be perfectly alright - which is why nothing has been done?
Look, sheesh, I don't mind admitting I'm wrong about something [everybody learns, right], and also I don't mind the answer being "No it's not worth it" or "there's better ways"*.
What I do mind is people taking the piss. She's hurt and we're concerned for other people as well.
@gonfishin - leaving out the "always", which won't help, in this case we are thinking it might be necessary to fix them, yes. A quick google, finds the HSE advice, but also shows this up:
Liability for Slip and Fall Accidents:
To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else's property, one of the following must be true:
-The owner of the premises or an employee caused the spill, worn or torn spot, or other slippery or dangerous surface or item, to be underfoot.
-The owner of the premises or an employee knew of the dangerous surface but did nothing about it.
-The owner of the premises or an employee should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered and removed or repaired it."
The last two seem to apply here.
nolo goes on to say:
"Slippery Surfaces
A common hidden stair danger is worn-down carpet or wood that makes the "run" part of a stair -- the part your foot lands on -- dangerous. Often a slightly worn stair or carpet is more perilous than obviously worn stairs because people are not likely to notice the damage"
and
"Uneven Stair Height or Depth
Building codes also prescribe the maximum variance from one step to another -- that is, the differences permitted in the height or depth of any one step from another.
The variance standard is important because when we go up or down stairs, our brains remember how far the last step was and automatically tell our legs to move the same distance the next time. If the leg moves the same distance but the step isn't in the same place -- even if the difference is only slight -- we may lose our balance and fall."
In light of all this we asked the question.
I will say again, we're not trying to make money, or we'd have done it straightaway. We're just worried that it's not going to get fixed and is dangerous.
I think I'm going to have to stop replying at this point, I have a dissertation to write! I am interested to hear from people that have something to say that is based on facts/experience.
Thanks, anyway, kinda....
*which may be the case - The Council, perhaps.
gofasterstripes - Member
I have avoided them myself in the past as I didn't like the look of them
I struggle to believe this! I bet you took a short cut down the bank to save time.
To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else's property, one of the following must be true:-The owner of the premises or an employee caused the spill, worn or torn spot, or other slippery or dangerous surface or item, to be underfoot.
-The owner of the premises or an employee knew of the dangerous surface but did nothing about it.
-The owner of the premises or an employee should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered and removed or repaired it."
The last two seem to apply here.
Well I'll have to disagree because I don't think that they are dangerous, they're not perfect by any means but that alone doesn't make them dangerous. Then again what do I know it's not like I work in a heavily regulated industry that deals with significant major accident hazards...
That being said there should probably be a handrail.
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Sorted
26 you say?
Obvious really, don't try again until she's 27 1/2.
I'll get my coat.
A common hidden stair danger is worn-down carpet or wood that makes the "run" part of a stair -- the part your foot lands on -- dangerous. Often a slightly worn stair or carpet is more perilous than obviously worn stairs because people are not likely to notice the damage"
Unless Tesco routinely carpet the steps into their car park I can't see how this applies.
Obvious really, don't try again until she's 27 1/2
Nooooooooooo.
The last thing we need is these dangerous step-monsters coming alive.
your greedy intent
STOP IT. This isn't true!
As this document is not retrospective many existing buildings may not conform to current regulations. To reduce the risk of accidents you should attempt to bring older stairs up to current standards, when the opportunity presents itself.
Of course - but I also figured the last sentence applies - they've had 10 weeks to do [i]something[/i].
From reading your posts, it appears you've complained to Tesco. Any reason why you chose them and not PC World?
We went to both. Tesco own the land and both stores buildings.
Check with the local authority / land registry who definitely owns the steps it may not be who your think it is despite how it looks. If it is tescos (or another business) get all the relevant details about the store, the managers name who it was reported to date times weather conditions when the accident happens. etc and write to head office
All done, though by phone with the team in the store to the accident team at head office. I went in yesterday and checked they had it recorded.
if it's the local authority contact them and ask who deals with h&s then write to them as above as they will have a team who deals with it. Include in the letter any information from the doctor about the damage sustained (you did go to the doctor right) photos from the day proving weather conditions witness reports etc. If after all of that some one qualified in h&s tells you to do one, go and follow your blood sucking friends advice and go to a nwnf lawyer but be prepared to go to hell as that's where you're going to end up based on just that one photo.
Hmmm. I think this is just an issue with the wording of the OP. I am naive, I think. I never screw anyone over, so I didn't think of it, or that anyone else would. I tried to explain this clearly in later posts.
The odd thing is if I lived closer I would come and assess these steps for free as I strongly believe it's this type of claim culture that is ruining h&s.
To be honest, dude, so I. Hence the two of us not doing anything about it at the time [pretty-much word for word].
The consensus of the opinions on here is that your claim (which you clearly came on here asking advice about)
Yeah, you're right, but as I said, I think am/was ignorant of the scale of this. I've never claimed for anything of any sort in my life. I also don't have a TV - so I don't get all the ads for this sort of thing. Thinking back 6 years to when I last had one, I remember the ads being annoying and sounding ludicrous "Shelia trod on a bananna skin and won X thousand quid" - but that isn't ANYTHING LIKE what we were thinking of doing. TBH, if we spoke to a NWNF person and they said "You'll get ten grand" we would probably have said "No thanks, that's not right".
Not that anyone asked....
is deemed frivolous to the majority of us.
It wasn't put very well, though was it?
Meh, we want the steps fixed.This seems not to be what you wanted to hear.
Either do what you were going to do anyway
No, I asked for advice. I'm an honest person.
or heed the opinions you've received.
Of course, that's the point 🙂
Don't have a pop at everyone who disagrees with you - that never ends well!
Hmm, well I was trying to state/back up my thinking that the steps were dangerous. The top step is +30% in height from the others, and other things. It looks bad to me, hence the question.
- sure, but doing something to improve them would have taken a short time to level the top slab and or put up a sign.10 weeks really isn't that long
Okay, so I think I may understand (in part) what the OP is trying to say/achieve.
If he genuinely doesn't want money, just wants the steps sorting and is annoyed because the owners, despite now being aware of an accident on them, is doing nothing about it then speaking to a 'No Win, No Claim' solicitor about it might be a way of getting action.
So I suggest he speaks to a solicitor and if he wins a claim that he donates all the 'winnings' to a suitable charity.
- OP gets the steps fixed
- Tesco gets some money taken from them
- A charity benefits
not like I work in a heavily regulated industry that deals with significant major accident hazards...
OK, this makes it much more relevant to me. That's why I asked for advice, and I am grateful for it.
speaking to a 'No Win, No Claim' solicitor about it might be a way of getting action.
Despite me saying earlier that threatening legals might be a good way of prompting action over the step, on consideration, if they decide to defend the claim, it's equally possible that they may actively choose not improve the step on the basis that this might undermine their case.
Arm yourself with some HSE/solicitors paperwork and get yourself to Tesco; demand they hand over a twenty pound bottle of Shiraz and a baskets worth of tinned chicken and mushroom soup.
If they don't; threaten them with legal action.
If they do; get yourself down to the homeless shelter to celebrate.
OP - Google suggests this
http://mysupermarketclaims.co.uk/accident-in-tesco-claim
They seem to deal in monetary restitution. You're Waitrose like aspirations don't seem to be mentioned
Haha. Okay, I think I've heard it all now.
I'm sorry if I was short with some of you, but unpleasant or cynical reactions to these things always upset me. People are so keen to be rude, and to assume the worst, and I just don't think like that, so it is always disappointing 🙁
Anyway - much perspective has been thrown around, so I think we have plenty to think on.
Thanks for the input, eeer, mostly. 🙂
OP
3 pages on your thread and not one Gif in sight,how disappointing 🙂
Was she wearing a dress ?
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[b]100[/b] 😛
Interesting that the 'steps of certain doom' are right next to disabled parking bays
[url= https://www.google.co.uk/maps/@53.804895,-1.753959,3a,75y,192.8h,74.73t/data=!3m6!1e1!3m4!1sxZ1IX-3AOTPPKtxQ1zdebg!2e0!7i13312!8i6656 ][/url]
You'd be wrong, as it happens I have avoided them myself in the past as I didn't like the look of them and being a fit young chap I was OK with navigating the [s]bank[/s] bit of slope
Do you stay in when it's icy outside too?
the 'steps of certain doom' are right next to disabled parking bays
Good link - you can see a pensioner sprawled out on google earth right there!
What have the bays go to do with it?
Do you stay in when it's icy outside too?
Nope, I love riding in the snow.
OP - Google suggests thishttp://mysupermarketclaims.co.uk/accident-in-tesco-claim
They seem to deal in monetary restitution
Wow- they also have a link for http://mysupermarketclaims.co.uk/accident-in-asda-claims
Funny that. Much like those oily rag garages that advertise as Alfa specialist, then another hit for 'Fiat specialist' etc.
I wont invited the OP and his partner around for dinner incase he/she has an accident and sues me (via my household insurer).
Got to be a troll.
How can someone post a thread like that on a mtb forum.
You'd be wrong, as it happens I have avoided them myself in the past as I didn't like the look of them and being a fit young chap I was OK with navigating the bank.
I'm putting your wife onto a lawyer, she can then sue you as you had a duty of care to tell her 😉
MTB forum? How about BMX's?..
[url= http://www.manchestereveningnews.co.uk/news/local-news/stockport-youngster-injured-bmx-track-7221183 ]This might help when making your claim to use words likes angered, shocked, your girlfriend's finger looked like it had been involved in a carcrash.[/url]
@bigyinn - Again with the projections and abuse. She and I sat down last night and wrote this together. She's reading the thread, that wasn't nice was it?
Apologies no offence was meant or intended. It was meant to be a little bit of humour.
She's reading the thread, that wasn't nice was it?
No offence but on such a topic where the majority of people posting are against taking legal action (or see that the steps are in disrepair) - what do you expect, sycophantic-style support? No one wishes pain on another and it can't have been nice however looking at those stairs I don't see negligence or disrepair. Do you?
As I said above, hora, yes.
I certainly though it was arguable/possible that this is the case. The top step was made higher, so she placed her foot in front of the lip where the uppermost slab has subsided [or wasn't leveled] and then tripped over it, breaking her joint.
what do you expect, sycophantic-style support?
Nope, just some input about whether it's the right thing to do.
@bigyinn, no worries dude.
Is this the first time she's used these steps?
Is this the first time she's used [s]these[/s] steps?
..fixed that for you.
It's at times like this you have to ask:
What would H do?
[img] 
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Is this the first time she's used these steps?
I think so. Why?
Nope, just some input about whether it's the right thing to do.
What can you infer from the input so far?
I really, really hope this is trolling from the OP.
If not....hang your head in shame.
What can you infer from the input so far?
Several things, including that there's a lot of Internet Tough Guys here.
If not....hang your head in shame.
For? Considering something that may be of benefit to other people? Did you read my posts?
For? Considering something that may be of benefit to other people?
You could save yourself a lot of hassle (if you really want to benefit others) by spending a couple of quid on one of these and screwing it to the fence.
It would take no more than 5 mins and if 'they' took it down then you'd probably get more sympathy here.
[img]
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I don't disagree. It's come up a few times, I was hoping they'd put one up themselves!
Blimey this got momentum didn't it?
GFS you're a heartless greedy bastard and the root cause of [s]everyone's erectile dysfunction[/s] the state of the world.
Anyhow, healing vibes to Lady Stripes. 🙂
One of these at each corner wouldn't go amiss too...
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How about a slide then everyone can have a bit of fun.
Wheeeeeee!
Sounds dangerous. Might bump into a disabled person in those spaces [this is Bradford, they'll be on their way back from the gym using someone else's blue badge and you'll get injured on their hulking steroid-infused physique].
For the love of gawd....where is Jamie when you need him most?
Also...you are Kaesae and I claim my £5 (to be fair to him,he had an excuse and there were no lazers involved).
[IMG] 
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Nope. MissStripes and a 405nm Laser. All eyes still functioning, though there was a degree of arc-eye.
[img] 
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You know, at the risk of requiring my asbestos trousers, I can see the OP's point.
I think, first and foremost, that's a shit photo which does the OP no favours. Look at the brickwork in the side though; the bottom steps have a rise two bricks high, the top one is three. That's quite a height difference and not immediately obvious from the angle we're looking at.
I hate ambulance-chasing elfinsafety-gorn-mayd attitudes as much as the next keyboard warrior and am an advocate of "look where you're going and take some responsibility" generally, but I can readily see how someone might get, erm, tripped up by that step.
I don't think it's quite at litigation levels, but I'd certainly expect an apology and brickie from whoever's responsible for them.
[IMG] 
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All eyes still functioning, though there was a degree of arc-eye.
Is she Scottish?
Haha, no it's just mostly UV and I was playing with it too much without eye-protection 😀
9/10 muffin-man - just needs animating.
EDIT: If we aim the laser at the bag, does this become "Arrrgghh my eye [and finger], I'm gonna sue!"
Keep 'em comming guys. Just off out for more popcorn.
Will mind my step whilst I'm out and about...
Indeed there is a sizeable height difference but actually it's smaller differences that are the most dangerous as they're hard to see (my architect dad always used to say that if you wanted to get rid of your MIL just put a book under the carpet on one of the steps near the top of the stairs - you can take it out afterwards!)I can readily see how someone might get, erm, tripped up by that step.
Anyway, the OP clearly said, though, that his GF tripped on the tiddly lip at the bottom of the concrete 'slope' and not on the step. Needs to pick her feet up 🙂
She tripped first on the top step, then again on the lip because she'd been wrong-footed, no?
She didn't trip on the top step, she was leaning extra forwards (edit, perhaps left knee still not quite straightened?) because it was higher and then her right foot caught the concrete lip as she went to walk away.
It was the combination of all things, the fall was then awkward as the ground was below her feet (from kerb height to car park). Hand rails would have helped too.
It's Tesco, they're not the most ethical company in the country.
Go get em!!!!
Bet tescos land ownership finishes at the top of stairs. Ask a lawyer. More use spending your time speaking to your mp and getting them made safe.
But as the op said, unless they get sued they don't care.
More use spending your time speaking to your mp and getting them made safe.
So the STW advice goes, or therabout.
I've read this whole thread.
IME the best thing to do is to take direct action. A few ideas:
1. Spray paint a phallus onto the dodgy step with a note that the step is dangerous.
2. Write WET PAINT on the step which will confuse people enough to pay attention.
3. Curl one out which should have a similar effect as 2
4. Crash and set fire to a moped or similar on the steps late at night, thereby forcing the issue of step replacement.
HTC.
OP if you 'sue' them and lose they may come after you for their costs incurred and throw you down the Mattahorn stairs of doom. I.e FIVE steps 😯
I'll add my two-penneth worth as I deal with claims like this for a living, on behalf of insurers and bodies such as councils and land owners.
The fact that a claim is being contemplated is not too unusual, I've dealt with far more dubious matters, including at the b&q store by Elland Road football ground, where a customer tripped over a kerb forming the landscaping between parking bays. The claim was defended but it was still taken on by a lawyer, they aren't so fickle honestly. How about a skilled joiner drilling through a door to fit a lock and into the hand holding the door, yep he claimed but we defended it.
Best one, a male guest at a "massage parlour" cut his backside on a tile soap dish while being massaged in a shower. That went to court!
Looking at that photo, in my view the steps look "hazardous" from an occupiers liability perspective. That will be a area with high pedestrian traffic and it's no defence to say there has been no previous fall. If they are uneven and hazardous then that is how they will be found to be, and liability will attach to the owner.
Claiming now is very easy. The lawyer submits the claim through an Internet site, it goes to the defendant or their insurer, they have 40 working days to investigate and respond. If they admit then medical evidence is needed.
Based on what the injury sounds like, you will probably be looking at £2500 for a fractured finger. These are all standard awards defined by JC Guidelines, that all insurers work to.
You can pretty much guarantee that if they admit liability, the steps will soon be fixed. If not, they won't touch them as it could be deemed an admission.
All you need to decide is if you are the type to claim, some are, some aren't. I see loads of absolutely genuine accidents and totally sympathise with the need for a claim. Others are clear try ons and verge on fraud.
I suspect you sit somewhere in the middle.
I sit on my bike, mainly 🙂
Better angle:
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*cough* now signposted *cough*
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😛
That's got to be (sorry) dodgy ground, they've as good as just admitted they're dangerous. Unless you stuck that there, of course...
Eeeerrrrr......
Just a little update (having seen another finger thread) The finger has, and will never recover fully. MissStripes can't and probably will never be able to write properly again, and has pain in it every day.
If this were to happen to another person, my suggestion would be to persue it. There is little doubt in my mind that the steps were in an unacceptable, unexpectedly uneven or dangerous state, and the concequecses of this poor state of repair led directly to an injury with permanant effect.
A broken finger, near a joint, is a big problem.
Hope she heals well. I tripped and suprrmanned info tarmac recently and my knee still hurts abit although luckily it's feeling better now 🙂 [url] http://singletrackworld.com/forum/topic/bashed-knee-when-rub-it-tingles-radiating-out-and-feels-numb ][/url]
The limitation period for personal injury claims is three years you still have time to do something.
Edit; If you feel they are faulty then you need to get them assesed professionally asap and take advice from someone if you feel they are faulty. All the best. Sometimes JRA are the hardest to deal with so I can understand you/your partner dealing with this/the effects.
I put the sign there.
I was convinced of the danger of the steps, but unsure whether or how to do anything further. In my usual "just try and do something useful" I put it there in the hope of drawing attention and preventing another injury.
If anyone else is in Bradford, I'd be interested if it's still there, of if anything was done about the steps.
Gofast - I might sue you when I fall over walking up those steps. I think that sign may confuse more than help! People will be looking for a trip hazard when all they can see are steps, therefore they will get distracted from the difficult task of walking up said steps, trip and fall. They will demand some one to sue
Bring it, lol.
[URL= http://i120.photobucket.com/albums/o199/JIMTHISTLE/steps1_zps4qgn0a1v.jp g" target="_blank">
http://i120.photobucket.com/albums/o199/JIMTHISTLE/steps1_zps4qgn0a1v.jp g"/> [/IMG][/URL]
I'm guessing it's better to resurrect this thread than post about it in the other one. I remember this thread from when you first posted and surprised I didn't comment - I guess I couldn't be bothered arguing with those who think you shouldn't claim for any injury no matter how negligent the landowner is.
IMHO this case is substantively different to falling over on ice, and especially given the permanence of the injury and the failure of the landowner to address the issue, making a claim doesn't seem at all unreasonable. Especially given the opinion upthread of those with more expertise than me suggesting you have a strong case. You're certainly not too late to make a claim.