Home › Forums › Chat Forum › Personal injury small claim – where to take it/general advice?
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Personal injury small claim – where to take it/general advice?
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stevepitchFree Member
C, start a skills course business for people wanting increase there skills walking up and down steps?
😀
convertFull Memberas 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!
warns74Free MemberThe 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.
piedidiformaggioFree MemberMissStripes 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!
gofasterstripesFree MemberHow 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?
Because they said they hadn’t. I went and asked them, yesterday.
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.
cynic-alFree Membergofasterstripes – Member
I have avoided them myself in the past as I didn’t like the look of themI struggle to believe this! I bet you took a short cut down the bank to save time.
gonefishinFree MemberTo 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.
brFree Member26 you say?
Obvious really, don’t try again until she’s 27 1/2.
I’ll get my coat.
FlaperonFull MemberA 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.
cranberryFree MemberObvious really, don’t try again until she’s 27 1/2
Nooooooooooo.
The last thing we need is these dangerous step-monsters coming alive.
gofasterstripesFree Memberyour 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 something.
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?
This seems not to be what you wanted to hear.
Meh, we want the steps fixed.
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.
10 weeks really isn’t that long
– sure, but doing something to improve them would have taken a short time to level the top slab and or put up a sign.
johndohFree MemberOkay, 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 benefitsgofasterstripesFree Membernot 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.
martinhutchFull Memberspeaking 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.
davidtaylforthFree MemberArm 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.
piedidiformaggioFree MemberOP – 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
gofasterstripesFree MemberHaha. 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. 🙂
fasthaggisFull MemberOP
3 pages on your thread and not one Gif in sight,how disappointing 🙂
Was she wearing a dress ?
100 😛
sharkbaitFree MemberInteresting that the ‘steps of certain doom’ are right next to disabled parking bays
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
bankbit of slopeDo you stay in when it’s icy outside too?
gofasterstripesFree Memberthe ‘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.
horaFree MemberOP – Google suggests this
http://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).
cchris2louFull MemberGot to be a troll.
How can someone post a thread like that on a mtb forum.
DavidBFree MemberYou’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 😉
bigyinnFree Member@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.
horaFree MemberShe’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?
gofasterstripesFree MemberAs 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.
the-muffin-manFull MemberIs this the first time she’s used
thesesteps?..fixed that for you.
gofasterstripesFree MemberIs this the first time she’s used these steps?
I think so. Why?
Three_FishFree MemberNope, just some input about whether it’s the right thing to do.
What can you infer from the input so far?
angeldustFree MemberI really, really hope this is trolling from the OP.
If not….hang your head in shame.
gofasterstripesFree MemberWhat 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?
sharkbaitFree MemberFor? 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.
gofasterstripesFree MemberI don’t disagree. It’s come up a few times, I was hoping they’d put one up themselves!
bearnecessitiesFull MemberBlimey this got momentum didn’t it?
GFS you’re a heartless greedy bastard and the root cause of
everyone’s erectile dysfunctionthe state of the world.Anyhow, healing vibes to Lady Stripes. 🙂
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