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fall in Tescos

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  • steveeasy
    started a topic fall in Tescos

    fall in Tescos

    Ok ball is on the other foot now. Went in to Tescos a few weeks ago and was looking for Garlic bread. I walked up an isle and turned right and splat. I slid accross the floor in a load of food goo and under someones trolly. Luckily I was ok. glasses broken and covered in slime I clambered up and found an assistant. she said sorry we dont have cleaners on a saturday night. was worried someone else could fall, managed to get someone else to clear it up.
    Went to customer services and asked for duty manager. I showed him my glasses and he saw my cloths. I suggested he took my details and he did on an old receipt. I asked for something to proove id spoken to him nothing. I asked for his name and he refussed. Breach of data protection. I thought this is odd im doing all the work and hes being difficult so I tsaid id take a pic of proof. lets say he was not keen.
    A week later I call. Im having a new hip this month. bad hips at 60. I felt really let down. no offer to clean my cloths. broken glasses and noone asked if I was ok. I reported the matter and tesco eventually said store manager never even reported the matter. offer of 25 voucher. I asked for cctv. told sorry thier is none in a hyperstore!!. now it transpires they have not even investigated the matter. they say £25 is a good payment to compensate for poor service. not filling in an accident report.

    I dont want to do a new win no fee job. Id like my trousers cleaned and new glasses though. what is my best option
    Steveeasy
    Tags: None

  • echat11
    replied
    A civil claim for damage to property could be based on one of the torts of unlawful interference with goods, including trespass, conversion and some negligence. Under the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), trespass to goods arises when the defendant does something to damage the claimant's goods.

    Leave a comment:


  • steveeasy
    replied
    They have a very bad attitude. Id like to just take the 250 but they wonít even offer it properly. They recon they are doing me a favour.

    to claim damage to my specs. What law am I pursuing them under. Just so Iím clear. Then Iíll send them a letter giving them 14 days to settle.


    thanks
    steveeasy

    Leave a comment:


  • echat11
    replied
    You are better doing it yourself, through the small claim court (read up on claims), costs are lower and less hassle for you. It's pretty straightforward.

    Follow CPR pre action protocols some of which you have done. Send a Letter Before Action.

    Leave a comment:


  • steveeasy
    replied




    Thank you for the help. They have now said they can only offer 250. as that is thier limit they are allowed. I sent them an invoice for 401.00 for glasses and suggested it might be reasonable to round it up to £500 covering a wash and calls and inconvenience. im hardly milking the system. they say they cant go above 250.00

    So a personal injury claim over principle. Hardly think it makes any sense at all. .

    Steveeasy

    Leave a comment:


  • echat11
    replied
    Originally posted by steveeasy View Post
    Thank you for taking the time to respond.

    Please let me clarify. I told the detuty store manager of the incident. he took my full details. Tescos have confirmed he then never reported the incident. he did nothing. for this they offered £25 for poor service. i declined. I escalated the matter to the CEO office. they said for not recording the incident £25 was a reasonable payment. Ive told them im not sure why any amount is relevant. the fact is he did nothing. they dont have an accident book they have to login and report the incident.

    CCTV
    Ive made a proper request. sent id driving license. [passport all the info they need. thier response. the store says they have no cctv available.

    Further. the contact I have says no point watching CCTV. we dont dispute you fell over. thats where it stops. I dont want to pursue an injury claim. Im having a new hip in 3 weeks time. have significant arthritus in my legs. I slipped in I do not know what. broke my glasses and luckily did not hurt myself.

    I wish to pursue them for my glasses and washing my cloths. and compensate me for the inconvenience of having to pursue the matter. Perhaps i am naÔve and should wake up and realise they are playing the game.

    Thank you
    steveeasy
    As Atticus says, get estimates to dry clean clothes, repair glasses / replace if repair is not possible.

    Add an amount for the 'hassle' this has caused you. Send a polite letter thanking them for the £25, but declining it, send the quotes, explain that if you can't resolve the matter amicably, then you will lodge a claim with the Courts.

    Leave a comment:


  • steveeasy
    replied
    Thank you for taking the time to respond.

    Please let me clarify. I told the detuty store manager of the incident. he took my full details. Tescos have confirmed he then never reported the incident. he did nothing. for this they offered £25 for poor service. i declined. I escalated the matter to the CEO office. they said for not recording the incident £25 was a reasonable payment. Ive told them im not sure why any amount is relevant. the fact is he did nothing. they dont have an accident book they have to login and report the incident.

    CCTV
    Ive made a proper request. sent id driving license. [passport all the info they need. thier response. the store says they have no cctv available.

    Further. the contact I have says no point watching CCTV. we dont dispute you fell over. thats where it stops. I dont want to pursue an injury claim. Im having a new hip in 3 weeks time. have significant arthritus in my legs. I slipped in I do not know what. broke my glasses and luckily did not hurt myself.

    I wish to pursue them for my glasses and washing my cloths. and compensate me for the inconvenience of having to pursue the matter. Perhaps i am naÔve and should wake up and realise they are playing the game.

    Thank you
    steveeasy

    Leave a comment:


  • echat11
    replied
    Part of Health & Safety Regulations (RIDDOR) is there is an accident book that records accidents at a place of work. You can't pick or choose what goes in there.

    Also, the details that go in the book is a brief summary, 'At XXXX, on XX/XX/XX Mr. XXXXX fell near the Fruit & Veg (section 26), he says the cause of his fall was 'load of food goo' that hadn't been cleaned up. Mr. XXXXX says he sustained no injuries, but his glasses are broken and his clothes are covered in slime.'

    'They could also write we have reviewed CCTV and confirm the incident occurred.'

    The company is covered, it's met it's obligations under RIDDOR. What happens if something happens to you post your fall, the fall is the cause.

    https://www.hse.gov.uk/riddor/report.htm

    Go back to the store, see if cameras would have covered the fall.
    Send them a Subject Access Request for CCTV footage. Make sure you get Proof of Postage.

    ​​​​​​​https://legalbeagles.info/library/gu...ccess-request/

    Leave a comment:


  • steveeasy
    replied
    Hi,
    done all that. been told dont need to see cctv as they believe I fell. The manager did not report the incident so they offered me 25 quid. they thought 25 was a fair offer for his failings. Not sure where the money comes in to it.

    Now having given them everyrhing they wont respond. So if they dont how do I sue them for my glasses and jeans only.

    Steveeasy

    Leave a comment:


  • atticus
    replied
    Get your trousers cleaned and glasses fixed. Send Tesco the bill.

    Leave a comment:

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