Fall at car dealership

[stevetuk]

This morning I brought my vehicle to the car dealership for a service and MOT. The forecourt was left untreated and was an ice rink, but I actually slipped and fell on ice while walking up the sloped main entrance, so it was within the main entranceway. I have a swollen arm, wrist and have pain in my neck, elbow and shoulder. It could have been a lot worse I know!

I reported this to the staff inside. They said they hadn't gritted because they'd been told not to. They said they weren't liable for any accidents. I wasn't asked to complete an accident form, they didn't apologise, and nothing was done at all. I am not seeking compensation, but I want to know my rights and what steps they should have taken. It's gone completely unreported in essence. Any advice?

[echat11]

Hi Steveuk

Welcome to LB

Hope you feel better soon.

If it's part of a multiple site operation (if it's not still complain), write a formal letter of complaint to their Head Office.

Health and Safety is actually 'common sense', everyone at that site is responsible.

They shouldn't need to be told that it's 'slippery', that's just waiting for an accident to 'happen' and trouble.

[Pezza54]

Any business or individual with control over premises has a duty of care towards its visitors under the Occupiers Liability Act 1957

Please read the article "Occupier duties for snow and ice - to grit or not to grit?" at www.mills-reeve.com

IMO you fell on ice on a main entrance ramp that should have been gritted. The staff would have known the ramp (a slope) was hazardous but had done nothing and seemed disinterested in your fall and injury.

You reported your fall to the admin at reception. Make sure you point that out in your letter.

Take photos of bruises and keep diary notes of pain etc. You may have a negligence claim

[Manxman]

Any business or individual with control over premises has a duty of care towards its visitors under the Occupiers Liability Act 1957

Please read the article "Occupier duties for snow and ice - to grit or not to grit?" at www.mills-reeve.com

IMO you fell on ice on a main entrance ramp that should have been gritted. The staff would have known the ramp (a slope) was hazardous but had done nothing and seemed disinterested in your fall and injury.

You reported your fall to the admin at reception. Make sure you point that out in your letter.

Take photos of bruises and keep diary notes of pain etc. You may have a negligence claim

Pezza54 - you might have missed that the OP has made it very clear that he does not want to make a claim for compensation. Indeed he has made it clear on another forum (MSE) that all he wants is, and I quote from MSE, an: "...[a]pology and admission of fault to the degree that they were responsible for the condition of the premises, but most importantly an assurance that procedures will be reviewed and the safety of visitors ensured in future"

Given that he doesn't want to make a claim for compensation, how would you advise him to achieve his aim? It's been suggested that he simply write to the business and ask for an apology on the basis that he undertakes not to use it against the business, but he seems reluctant to follow that advice. (And of course such an apology could be seen as worthless anyway)

It's not clear to posters on MSE that he has any "legal" right to what he wants as it seems unrealistic, but he doesn't seem to like that view.

[Pezza54]

Pezza54 - you might have missed that the OP has made it very clear that he does not want to make a claim for compensation. Indeed he has made it clear on another forum (MSE) that all he wants is, and I quote from MSE, an: "...[a]pology and admission of fault to the degree that they were responsible for the condition of the premises, but most importantly an assurance that procedures will be reviewed and the safety of visitors ensured in future"

Given that he doesn't want to make a claim for compensation, how would you advise him to achieve his aim? It's been suggested that he simply write to the business and ask for an apology on the basis that he undertakes not to use it against the business, but he seems reluctant to follow that advice. (And of course such an apology could be seen as worthless anyway)

It's not clear to posters on MSE that he has any "legal" right to what he wants as it seems unrealistic, but he doesn't seem to like that view.

"Once bitten twice shy"
A court claim or a threat of a court claim if OP does not receive an acceptable apology should make the dealership apologise and grit the ramp to prevent future accidents

[islandgirl]

But would an apology mean they accept liability? If so they may be reluctant to make one...

[Pezza54]

If an apology has to be forced, how sincere is it?