Slip and fall in shop

paddylonglegs · 20-09-2013 10:22AM #1

My wife was walking out of a shop last night and slipped and fell on one of the shops products that was lying on the floor. I was behind her but was staying in the shop to try on clothes while she went to another. I asked her was she ok and she just said yes and walked out fast as she was embarrassed.

I then picked the piece up and brought it to the cashier and explained what happened. I was fairly upset but she dealt with it like it wasn't a big deal which annoyed me further. Thinking back on it I probably should have asked for the manager of the store.

This morning she is now feeling pain where she fell and is going to the doctor this morning as her stiches from her cesarian section are still in. If it had been 2 months earlier, she would have been heavily pregnant and it could have been a different story. And considering they have a maternity section, it's quite negligent.

What can I do from here now? Is it worth going back to the shop this morning to explain the issues that have arose? We will have to fork out for a doctors visit now and I'm hoping there are no issues with her recent surgery.

By the way she didn't have any mobility issues at all that she shouldn't be walking around.

I'm not sure what way to deal with it and I'm quite upset about it

Thanks for any advice

Melendez · 20-09-2013 11:11AM

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Bepolite · 20-09-2013 11:55AM

An accident report from should have been completed by the store was it?

Is the store part of a large chain or a mom and pop? If it's a large chain start dealing the their head office.

It's not cut and dry that this is negligence, but the shop would have to have a risk assessment and procedures in place for dealing with hazards. The store are very unlikely to admit liability or be forthcoming in dealing with your doctors bills etc. See a solicitor if you wish to peruse the matter and have significant damage, if it's a fifty quid doctors visit you're unlikely to get anywhere because the shop can't admit liability and it won't be worth perusing in court.

damienirel · 20-09-2013 12:45PM

Melendez wrote: »

This post has been deleted.

Gotta love "If there is a medical issue, you need to go to a solicitor"!!

:D:D:D

If you owned a shop and somebody comes in and knocks some "product" off a shelf or whatever onto the ground. - Are you as a shopkeeper supposed to have noticed this product on the ground and pick it up immediately. I mean this is borderline ridiculous.
On the other hand if you were at home and your wife/husband decides to leave the vacuum cleaner on the floor and you trip on it do you sue them?

Show's what a claim culture has developed in this country over the years !!

emeldc · 20-09-2013 01:21PM

My advice would be, if you have a medical issue see a doctor. I wouldn't trust a solicitor to take the stitches out :rolleyes:

Melendez · 20-09-2013 01:30PM

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paddylonglegs · 20-09-2013 02:17PM

damienirel wrote: »

Gotta love "If there is a medical issue, you need to go to a solicitor"!!
:D:D:D

If you owned a shop and somebody comes in and knocks some "product" off a shelf or whatever onto the ground. - Are you as a shopkeeper supposed to have noticed this product on the ground and pick it up immediately. I mean this is borderline ridiculous.
On the other hand if you were at home and your wife/husband decides to leave the vacuum cleaner on the floor and you trip on it do you sue them?

Show's what a claim culture has developed in this country over the years !!

maybe your negligent attitude has led to the claim culture that has developed in this country over the years.

Are you seriously suggesting that a company shouldn't be keeping their customer safety as a priority? Whatever about people making claims, a general safety plan for a public place is the top of the list for any company, especially a service that provides goods for pregnant woman. I suggest you educate yourself on the dangers that can occur to an unborn child when a mother-to-be is involved in a fall.

I would also suggest you don't reply back with the "she should've been looking where she was going" line

Oryx · 20-09-2013 02:48PM

What exactly did she fall over, and was it on display on the floor or had it fallen there?

galwayjohn89 · 20-09-2013 03:46PM

What did she slip on and how did she not see it? I'm not trying to be smart just unsure how she wouldn't have seen it.

Daemos · 20-09-2013 04:54PM

A few weeks ago my grandmother got on to an escalator and it clipped the back of her leg. It gave her a little cut, we stuck a plaster on it and everything seemed fine. A few days later it started to develop an infection, and recently we have had a nurse over twice a week to deal with it

Do you want to know what we did about the actual incident?

Absolutely nothing. It was an accident. Accidents happen. Life goes on

Your comment about the origins of our claims culture being born out of negligence is absolute b0llocks. It's born out of greed, and taking any advantage you can to make a quick buck, any half-wit can recognise that

And yes, your wife should have been watching where she was going. It she had done so, the incident would never have happened. Yes, it may have been the store's fault if it was lying in the middle of nowhere, but it was also your wife's fault for not looking where she was going

It was an accident, nothing more. Move on

Melendez · 20-09-2013 05:15PM

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Daemos · 20-09-2013 05:22PM

Oh stop being sensationalist. You know full well that slipping on the floor and crashing your car are not even remotely the same

adocholiday · 20-09-2013 05:24PM

You have a certain responsibility for your own welfare. A shop assistant can't be expected to see and pick up every item that falls on the ground immediately. If it was a wet floor that wasn't obvious and there's no sign up that's fair enough you have a case; but an object on the ground is not negligence on the shop's part.

dudara · 20-09-2013 05:34PM

OP - In my opinion, you would have a case if the shop had truly been negligent. But can you prove that?

TBH, something that has slipped to the floor, and a floor assistant hasn't yet had the chance to pick up and put away isn't potentially negligent (depending on the item).

You're being protective of your wife because she's just had a baby. This is understandable, but don't let it flavour your argument here.

Melendez · 20-09-2013 05:46PM

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fussyonion · 20-09-2013 06:06PM

OP you're exactly the kind of person you see on Judge Judy, suing for everything.
Your wife should have looked where she was going. I assume she was being extra careful if she had Caesarean stitches?
So I'm sorry but it's your wife's fault and accidents do happen.
You can't go round suing everyone because your wife is a bit clumsy!

damienirel · 20-09-2013 06:34PM

paddylonglegs wrote: »

maybe your negligent attitude has led to the claim culture that has developed in this country over the years.

Are you seriously suggesting that a company shouldn't be keeping their customer safety as a priority? Whatever about people making claims, a general safety plan for a public place is the top of the list for any company, especially a service that provides goods for pregnant woman. I suggest you educate yourself on the dangers that can occur to an unborn child when a mother-to-be is involved in a fall.

I would also suggest you don't reply back with the "she should've been looking where she was going" line

This is too easy: -
she should've been looking where she was going!!!!

ytpe2r5bxkn0c1 · 20-09-2013 07:34PM

Was she not looking where she was going?

TommiesTank · 20-09-2013 07:40PM

OP, can you provide further information please?

It isn't clear what she fell over, or whether she was paying attention to where she was walking.

Bepolite · 20-09-2013 07:45PM

There is so much nonsense in thread it's unreal. It's a complete myth the Irish are over litigious, quite the contray due to the government being in bed with the insurance lobbies and not allowing a proper 'no win no fee' system to develop.

The fact that the OPs wife had a preexisting condition is well covered in Irish Law. Very few people look at their feet when they are walking around, less so when they are browsing a shop.

ytpe2r5bxkn0c1 · 20-09-2013 07:46PM

TommiesTank wrote: »

OP, can you provide further information please?

It isn't clear what she fell over, or whether she was paying attention to where she was walking.

Obviously, if she was paying attention she would not have fallen over it. Whatever it was- he hasn't said although it could be pertinent.

sandin · 20-09-2013 08:02PM

a lot of bad info here.

I'm a retailer and if one of my staff left a box in a pathway where it wasn't properly marked and should not normally be there and a customer falls on it, then its my responsibilty. But even if it was a total accident the store should have written up an accident report for their own files.

Rarely is there a need for solicitors as most accidents of this nature, are just accidents and the injury is small and not serious. Even if it was not the store's fault, they should at least check on the wellbeing of the injured person - after all they are a customer. And if its caused by negligence, then the store will have to ensure it does not happen again and train their staff properly.

I had an incident a year ago - 2 elderly ladies joking as they walked down a small stairway. One pushed the other in jest at something and she lost her footing, fell and hurt her ankle. Zero fault on our part, but we sent flowers to her the next day wishing her well - she's spends in our store about once a month since and keep threatening to sue her friend - but can't cos her friend has no real money

- yep, she still has a laugh about it!! But in any case we felt we had a responsibility to see that she recovered.

miller50841 · 20-09-2013 08:06PM

sandin wrote: »

a lot of bad info here.

I'm a retailer and if one of my staff left a box in a pathway where it wasn't properly marked and should not normally be there and a customer falls on it, then its my responsibilty. But even if it was a total accident the store should have written up an accident report for their own files.

Rarely is there a need for solicitors as most accidents of this nature, are just accidents and the injury is small and not serious. Even if it was not the store's fault, they should at least check on the wellbeing of the injured person - after all they are a customer. And if its caused by negligence, then the store will have to ensure it does not happen again and train their staff properly.

I had an incident a year ago - 2 elderly ladies joking as they walked down a small stairway. One pushed the other in jest at something and she lost her footing, fell and hurt her ankle. Zero fault on our part, but we sent flowers to her the next day wishing her well - she's spends in our store about once a month since and keep threatening to sue her friend - but can't cos her friend has no real money - yep, she still has a laugh about it!! But in any case we felt we had a responsibility to see that she recovered.

It's a nice thing to do but to some it is a window you are leaving open and inviting them to sue as it looks like you are admitting liability but I do see where you are coming from but other's may not.

Melendez · 20-09-2013 08:29PM

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reach for the stars · 20-09-2013 08:43PM

Something not right here ,you say you were staying behind trying on stuff while your wife moved on but then you say in a later post that the shop is one that sells goods for pregnant women.

wexie · 20-09-2013 08:51PM

reach for the stars wrote: »

Something not right here ,you say you were staying behind trying on stuff while your wife moved on but then you say in a later post that the shop is one that sells goods for pregnant women.

Cause there aren't any shops that sell both men's clothing and womens (maternity) clothing?

JimFin · 20-09-2013 08:54PM

OP - your wife fell and probably has very mild soft tissue damage. Grow a pair and get on with your life.

I do have to wonder what goes through some people's heads; "the wife fell, bit sore the day after, hmmmm must go to the internet and post a message about it to see what people think". :rolleyes:

Will ya for God's sake man up a bit. Minor accidents are a part of life, people fall, they get up and continue with their lives. It was a shop she was walking in not the desert - shop floors are full of products, displays, people, shelves etc. Nobody has a right to expect it to be like an airport runway.

I do hope she is back to full health by now or very soon at the latest....

TommiesTank · 20-09-2013 09:04PM

Has the OP provided details on what she actually fell over yet? it would be interesting to know what she was doing at the time. For example was she looking back at the husband, on the phone, blowing her nose, rummaging through her handbag etc?

emeldc · 20-09-2013 09:32PM

Ah come on paddy, WTF did she fall over.

21-09-2013 01:32AM

A while ago an aunt of mine was in some store, possibly in America but I might have gotten that wrong. As she was walking, she tripped over a basket, slipped and caused herself some amount of injury. Nothing serious, but enough to bother her in the short term. What did she do? Absolutely nothing, because she admits that she should have been looking properly where she was walking. What is the kicker though, is that seemingly an employee in the place ran over and one of the first things she said was along the lines of "are you going to sue?" or "you should sue".

dudara · 21-09-2013 07:56AM

What is it about late night weekends that makes posters think this place is After Hours.

Please stick to the original topic and offer constructive advice to the OP. he may, or may not, have genuine grounds for a case. Do not harangue him, but post reasonably.

dudara

Slip and fall in shop

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