Accident in Tesco

How can the fact that she slipped be her own fault ?

How can an accident be anyone's fault? Isn't it the definition of accident that it's not deliberate? Who's fault is it if you slip on your drive or the pavement?

Of course its not her fault, it is the responsibility of Tesco as she is under their care all the time she is in the store.

Their duty of care is to reasonably prevent all obvious hazards.

That will not cover slipping on a lemon that has just fallen out of someone elses hands, that is classed as an accident.

You'd have to prove they were negligent in leaving dropped items on the floor for an extended period, which I'm 99% sure will be completely impossible.

How can the fact that she slipped be her own fault ?

Do you remember when you were a child and you slipped/tripped and hurt yourself, what did your parents say??? Usually something along the lines of ‘well you should have watched what you were doing’, they didn’t instantly assume someone else was at fault, how it could never possibly be the child’s own fault so let’s get a solicitor and sue someone! It’s a ridiculous blame culture that is causing all our insurance policies to increase in cost. When you’re walking anywhere you look out for yourself, you don’t expect someone to warn you of everything on the floor you could possibly slip/trip on, it’s part of daily life and dragging blame in to it is ridiculous and quite frankly embarrassing!

Their duty of care is to reasonably prevent all obvious hazards.

That will not cover slipping on a lemon .........

....... but when the slipping agent is a lemon and slipping person involved is also a right lemon, universal norms are thrown into turmoil.

I suspect that if this case is persued it will turn on how long the piece of fruit had been there. If it had literally just fallen from another customer's basket and had rolled under the foot of the victim, a court would in all likelihood say that there was little, if anything, the supermarket could have realistically done to prevent the accident.

If however it had been lying on the floor for 20 minutes, reported to staff by a number of customers and there was CCTV evidence to back this up, a court is much more likely to come down on the side of the victim. As I said in an earlier post, the level of injury sustained will not be a consideration in determining who, if anyone was liable.

I suspect that if this case is persued it will turn on how long the piece of fruit had been there. If it had literally just fallen from another customer's basket and had rolled under the foot of the victim, a court would in all likelihood say that there was little, if anything, the supermarket could have realistically done to prevent the accident.

 

If however it had been lying on the floor for 20 minutes, reported to staff by a number of customers and there was CCTV evidence to back this up, a court is much more likely to come down on the side of the victim. As I said in an earlier post, the level of injury sustained will not be a consideration in determining who, if anyone was liable.

Proving how long it had been there will be nigh on impossible of course, and I'm sure any CCTV of the incident has by now been recycled.

Proving how long it had been there will be nigh on impossible of course

I agree.yyyyyyyyyyyyy

"she thinks she should be able to claim something"

Wow. Why didn't she just not step on the piece of fruit?

He/She does have a point though. The phrase you need to be asking was the risk "as low as reasonably practicable"? It is going to be damn difficult to prove that it wasn't considering Tesco will have procedures in place. Waste your time and money by all means considering the action, but cases like this seldom wins.

I wouldn't have thought any money would be wasted because surely it would be on a no win no fee basis.

Has anyone else noticed that these 'no win no fee' companies have replaced the wording in their adverts?

Instead of 'Have you had an accident and it wasn't your fault?', it is now 'Have you had an accident and it feels wrong?'

Has anyone else noticed that these 'no win no fee' companies have replaced the wording in their adverts?

 

Instead of 'Have you had an accident and it wasn't your fault?', it is now 'Have you had an accident and it feels wrong?'

No, I have never ever noticed that......ever.