Hey everyone,
My grandmother slipped over at woolworths because one of the aisles was wet from spilt product. She hurt herself pretty bad, her back messed up, knees, arms you name it.
Just wondering if there is anything we can do about this (grounds to sue) or if we should do something about it and if anyone else has experienced anything like this.
Heaven forbid we hold corporations responsible for serious negligence the way we would individuals…
For some reason complete numbskulls always complain about the legal system helping people - but only if the person is poor. You'll never hear these idiots complaining when a major multinational sues and gets a payout though.
Apparently in their eyes it's OK for a vastly more powerful entity to have no accountability at all rather than individuals living in a decent society.
http://tgb.com.au/injured-people/i-was-injured-after-slippin…
Read this article.
but the TLDR edition is you need to prove that it was the supermarket's negligence (not cleaning the floor at regular intervals) and lack of duty of care.
People commonly make the mistake of assuming that if they slip and fall in a supermarket and are injured, they can automatically sue under the store’s public liability insurance policy. That is not the case. The injured person must prove that the injury occurred due to the store’s negligence. Supermarkets do owe customers a duty of care. The Courts recognise that supermarkets profit from their customers and expect them to provide a safe environment for those customers. The standard of care placed by the Courts on supermarkets is higher than those of other occupiers, particularly government authorities, because the Courts accept that supermarkets have more resources to invest in providing a safe environment than public authorities.
However, the Courts do not require perfection. They do not expect supermarkets to be able to keep their floors in a pristine state at all times. But the Courts expect supermarkets to have a system of cleaning in place where floors are inspected at regular intervals of around 20 or 30 minutes. Where spillages are indentified, staff are expected to place visible barriers or warning signs around the area, to mop up the spillage promptly, and to maintain the barriers/warning signs in place until the floor dries. Hence, supermarkets can escape liability if they can establish that they have a reasonable system of cleaning in place.
Oh man.. you can try, but you might need to take a number.
http://www.news.com.au/finance/money/shoppers-ringing-up-100…
Just wondering if there is anything we can do about this
Sure, just check at Ozbargain, you'll get every bit of information you will need.
Just dont act upon it.
Cheap ass lawyers will give you cheap arsed advice.
Better still why not get advice here on how she can get her back, knees and arms fixed up.
Cheap trips to the Phillipines to see the razorbladers
Really…
Err what?
Ah at least someone understands how good the advice will be
cool man
Here is some advice, call up a compensation lawyer, he/she will be able to quickly tell you whether it is worthwhile pursuing.
Note: If you want to sue just know that if you are unsuccessful, even if you go with a "no win no fee" lawyer, you may need to pay the other parties' legal costs.
Yes. You can see a personal injury lawyer in your jurisdiction.
Imagine if Woolworths was taken to court over slipping on a wet floor. That would surely create a significant legal precedent that would splashed across all legal course material.
Just imagine! It's almost as if such precedents have already been made, many many times…
I'm sorry about your Grandma, hope she gets better real quick. Just be grateful her situation was not worse. Accept it for what it is and move forward with it..
I disagree. Retailers have a certain duty of care to their customers. If they are proven to be negligent then their liability insurance should go towards nana's medical costs.
See a lawyer. While people here might have gone through something similar (I have with my mother), every case is different and can only be viewed on it's own merit.
Keep in mind:
* No permanent injury will limit compensation claim.
* If claiming ongoing problems, this will require multiple doctors / physio and even psych evaluations before a court hearing.
* If she's retired, compensation claim will be limited as no "future earnings" potential.
* If she is on any form of pension or government payments, a payout will effect this.
* If it goes to court and she loses, will need to pay certain associated court costs (even with a "no win, no pay" lawyer.)
* If it goes to court and she loses, all those "specialist" doctors the company sent her to will need to be paid.
* If it goes to court and she wins, the lawyer's can and do claim up to half the total payout.
* If it's settled prior to judgement, the lawyer's can and do claim up to half the total settlement.
Having said that, if a report was made at the store when it happened, if you took photo's of whatever it was that caused the slip, if there are witnesses who's details you have, and you have evidence of the injuries sustained, then approaching their corporate offices may result in a settlement offer early on.
All the best for her recovery.
<I'm not a lawyer but> Was there a wet floor sign? Could she easily have deduced that the floor would be haphazard to walk on?
I'm told that there is a "common person" sort of law thing, so like if a common typical person would've say walked around the wet floor, then you can't really sue, but if it was negligence you could?
Remember though that in Aus the point of sueing is not to /make/ money but to get your grandmother back to how she was. If there was hospital fees she had to pay then you can get that money back, but if you're hoping for lots of money then you'll probably end up paying more in fees.
Again I'm not a lawyer, never sued anyone either, just some random dude at a computer so take my advice like a grain of salt.
What trustnoone said. At my store, if there's a spill, we're required to stand next to it to warn people until the cleaner cleans it up.
Stores can't monitor their floors 100% of the time. Woolworth's business model would ensure that they do more than the minimum in regards to checks etc. This case would be thrown out.
In a dishonest world, what would be in place to stop 2 people colluding to ensure a trip happened?
Eg 1 person drops a yoghurt or something, person 2 slips on it 5mins later.
Earlier advice about reporting it while she was in store could've gone a long way to a resolution
Good luck
Stores won't payout and find some clause to beat you on
Instead of suing I would suggest to look where you're walking
What a stupid arse comment that is……
Do you know the facts?
I dont for one second like the whole have a go at people on the internet, but shit, you are the closest I have come.
The OP is talking about a grandmother, so maybe her eyesight is not what it once was, or any number of reasons why this spill may not have been noticed by her.
For you, I suggest thinking before opening your mouth/typing.
It would seem you are living proof of Eintein's Theory of Relativity.
You seem bright until you open your mouth…………
If your grandmother went to the store staff at the time it would have been highly likely that the manager would have;
a) rectified the situation
b) provided your grandmother assistance, and if required
c) escalated the situation, whether it be offer to pay minor medical expenses (for example a visit to a doctors surgery), or if more significant referred it onto people within the organisation who look after/manage events such as these.
You might have a harder time going back for this course of action now. Might be worth phoning to have a chat to the store manager. Threatening to sue won't do you any favours, but explaining the situation and asking if they can offer assistance may do.
Australia is the new America…