Should I sue...?

DublinWriter

Ok, firstly, I apologise for incurring any displeasure on the part of the PI mods as this is an issue that I think straddles somewhat precariously between the PI and Legal Discussion fora.

So there I was today, entering in the local branch of my German-owned supermarket which shall remain nameless.

I just manage to get through the entrance when I slip on a slippy substance on the ground. After much Buster Keaton-eqsue flaying around, gravity finally wins the battle.

All 16 stone and 5'10 of me catches some air and I land spectacularly on my right shoulder. Queue much pain, much public swearing and the faces of several strangers looking down at me in concerned fashion with young mothers holding their hands over the ears of their young children.

All joking aside, the pain was immense. I really thought I'd dislocated my shoulder. After about 2 minutes on the ground, one of my fellow shoppers helped me up and about 6 others voiced concern about getting me to A&E.

I was having none of it. From feeling my shoulder with my left hand I could discern that my right shoulder wasn't dislocated and that I just had a nasty, but embarrassing, fall.

I'm about to shrug it all off when suddenly the duty manager appears and asks me in broken English to come back to the office to fill out an incident form. I initially decline, but some of the other shoppers tell me to do so as I might have problems later.

Anyway, I go back to the staff office. Said duty manager brings me back to the office and waves what looks like a standard incident report form under my nose. He then proceeds to take it back off me and fill it in himself.

The first question on the form he proceeds to fill is "Where did the incident occur?". He wavers, biro in hand, looking at me and says, "What is English, for, um?"

"Isle?" I profer.

"Yes, isle, first isle"

Queue a Kaftaesque and surreal next ten minutes. I'm still in shock and helping said duty manager fill out a standard company form of which he is very unfamiliar, either in English or his native whatever.

By this point, I really want to get the hell of dodge. No bones were broken (literally) and I can't see the point in being here, in this office, giving impromptu English lessons to a complete stranger.

Getting to the point of my post, to sue or not to sue?

I've never been in a court in my life and have to desire to do so. This is not the first-time I've noticed spillage in said supermarket and I'm just glad it was me and not some frail OAP.

I've slipped and tripped in many an establishment before and shrugged it off.

I'm not one of those people who sued at the drop of a pavement flag-stone, but this particular local-branch have been uber-negligent in the past re isle spillage that I'm tempted just to go for it and donate any money I get to Concern.

The question I really want to ask of my fellow boardsters is that should I even pursue this legally from both a practical and moral standpoint?

As I said, I'm not into personal gain and the whole claim-culture leaves me feeling physically ill. If I did pursue this, then any monies I received I would gladly donate to charity.

Many thanks,

DW.

nmk

Write to the company in question (which wouldn't happen to be Austrian owned by any chance a common misconception amongst Irish people about two particular supermarket chains). Detail the negligence leading to the incident and the incompetence of the store manager which added to your considerable discomfort and upset. Hth
Eta: state that you expect them to compensate you for the inconvenience or else you will consider taking further action

Miss Fluff

I should imagine if you are going to sue you would need to get yourself to a doctor immediately so a note of injuries could be taken.

Kooli

You say the claims culture makes you sick, and yet I have no idea from your post WHY you actually want to sue? To me it seems like a knee-jerk reaction to sue that is becoming far too automatic in our country I reckon. Turning into America.
You weren't seriously hurt. You didn't even want to stick around to fill out an incident report. But something about having to do that suddenly made you feel a bit litigious?
I don't get it...

frisbeeface

You'll only receive damages for injuries incurred, time off work, etc so unless you're badly injured it probably wouldn't be worth your time.

Overheal

Kooli wrote: »

You say the claims culture makes you sick, and yet I have no idea from your post WHY you actually want to sue? To me it seems like a knee-jerk reaction to sue that is becoming far too automatic in our country I reckon. Turning into America.
You weren't seriously hurt. You didn't even want to stick around to fill out an incident report. But something about having to do that suddenly made you feel a bit litigious?
I don't get it...

watch your tongue boy: You didn't hear it from me... but there might be yankees on this forum :eek:

Not that I don't agree you didnt want to put any paperwork into this but now because the guy had poor english you have had a change of heart...

Yeah.....

aidan_walsh

Aisle, for whats its worth.

edanto

It sounds like they're cutting corners in HSS and Fluff's idea about writing to the head office will probably sort that out sharpish. Legally, the directors are responsible for all that kind of stuff and will be eager not to be sued and hence will see the cost benefit in handing down a pointed dictum.

On a point of fashion, less people are making personal injuries claims these days since the PIAB has reduced payouts - sadly the claimy feckers are turning to civil cases against the companies, so a reference to that in your letter will ensure swift action.

Oh and bravo for the brainwave of juicing a bit of cash out of a corporate and giving it to a nonprofit. Good luck!

Bottle_of_Smoke

I'd just complain to their head office, as you said it could have been an oap. Say you're considering suing & it might make them put pressure on to clamp down on negligence.

January

TBH though, one of those German/Austrian stores that I have been to recently have been slipping on their standards recently also. I slipped walking through the door of it there a couple of weeks ago too, I would have fallen too if it wasn't for my boyfriend holding my hand.

A letter to head office might sort it out.

gcgirl

If there were no signs for slippery surface you have every right to sue Thats just neglect!

Sherifu

Were you badly injured or just bruised?

Peewee_lane

The supermarket owe you a duty of care not to be injured.

Think long term: If you go the doctor and find out immediately that you have to go get physio to correct the problem then, yes, you write a letter suing them for the course of treatment.

If you think your fine, but it turns out you chipped a bone, etc and you let it go, you might not be able to bring a case outside a certain time limit.

Its your money dude! Solicitors might end up making a meal out of it and you might not get a 'brilliant' huge settlement, just the doc fees back!

Go get a medical report! If you okay - dont sue!

Leeby

If you've been injured and need to pay medical costs,or have had to take time off work because of it (which would only happen if you go to a doctor anyway) then I agree they should pay for whatever costs or loss of earnings. But if it hasn't cost you anything then why would you sue? What's the point?

LegacyUser

Don't sue - don't get used to or encourage that kind of behaviour. As already put forward, if you had significant injury requiring (expensive) medical treatment, then that would be one thing. But I really disagree with the idea of sueing for revenge or to try to teach a lesson. If you want to make sure this doesn't happen again, you should speak to the proper manager, and make it clear that you're withholding legal action on the assumption that they're going to be more careful in future.

JuliusCaesar

DublinWriter wrote: »

. Queue much pain, much public swearing ........... when suddenly the duty manager appears and asks me in broken English to come back to the office to fill out an incident form........
The first question on the form he proceeds to fill is "Where did the incident occur?". He wavers, biro in hand, looking at me and says, "What is English, for, um?"

"Isle?" I profer.

"Yes, isle, first isle"

Queue a Kaftaesque and surreal next ten minutes.

............... giving impromptu English lessons to a complete stranger.

English lessons:
Cue (not 'queue', which is a line you stand in)
Aisle = passage; isle = island.
Sorry


You may find that any injuries eg muscle damage don't show up immediately. So wait a few days before penning indignant letters to HQ.

Shelli

I totally get where your coming from.

What if it had been someone more fragile than yourself that had slipped? And from the sounds of it, this lapse of HSS standards is not a once off in this establishment. Unfortunately, money is the only language for many companies, hit them where it hurts them most and they may just listen and sort themselves out.

Seek legal advice, if they tell you that you have a claim I would go for it, and bravo for donating it to a worthy cause.

Good luck with it mate!

Wacker

I'd recommend getting yourself checked out, sending a letter to the HQ (assuming you are okay), and then moving on. If the sue-happy culture bothers you, then do not perpetuate it.
Slipping on a wet floor in a bar once caused my knee-cap to pop out. You know what I got off the bar? Ice. It stops it from swelling badly.

Maybe I'm the fool here, who knows?

csm

So you slipped and fell in a supermarket where they had not yet cleaned up a spillage or warned you of a wet floor. This caused you no expense other than embarrassment and a sore shoulder. And you want to sue? No complaint or anything, just sue? For what? Loss of earnings? Medical expenses (some arnica gel maybe)? I'd understand if they were seriously negligent in their duty of care but don't you think that suing is a bit over the top? Have you complained about the spillages previously? In writing?

RealJohn

Sue for what exactly? You said yourself, nothing hurt but pride.

Write a letter of complaint. Do not ask for compensation. You don't need it. Then, shop somewhere else if you feel the need to.

NoQuarter

there needs to be actual damages for the courts to award you comp...

if you decide to post in the legal forum read the stickies over there first as legal advice cant be given on the forum, only hypotheticals

axer

Agreed with other posters that you must be out of pocket or have received an injury in order to successfully sue this business. Since you have neither of the aforementioned grievances it would be silly to try and sue - but don't take that as legal advice.

Your post criticises those who you claim sue "at the drop of a pavement flag-stone" but yet you believe you are not one of these even though you want to sue without having received any injuries - neither mental, physical nor financial. Maybe think about it.

You also criticise a person's lack of english with incorrect english - bad grammer and bad spelling? WTF?

A certain word comes to mind.

Sherifu

I'd agree about only doing something if you are injured. That's why I was asking above.

axer wrote: »

A certain word comes to mind.

nagger?

spurious

Or you coud report them to the Health and Safety Authority. That way, they'd smarten up their act where spillages are concerned, so little old lady is safe from a similar event.
Same desired result, no need for litigation.

Beruthiel

If you were injured so badly that you were out of work for weeks or months on end and had no way to pay your bills and were in danger of loosing your house or whatever, then you would have a reason to sue. As it is, why would you bother?

dudara

I don't see any valid reason here to initiate legal proceedings. However, it would be worth sending a well-written letter to headquarters detailing the incident, the manager's handling of the incident and your concern about general declining standards.

Mr. Incognito

Don't mind these people. They're just jealous they didn't have a wind "fall". Sue them into oblivion. How dare the cheap incompetent shop hire cheap incompetent staff and foreign to boot! (the shop AND the staff!)

And when you get the judge and he say's "What damage did you incur"
And you say.................well, um, a bruise your honour and some hurt pride.

well then he's going to say, "aha! of course! Have a big sack of money"

And then you can ride a unicorn to carebear cloud.

cotwold

Have you been physically or psychologically injured? If not you've no grounds to sued on. You have to prove damages for it to be actionable. Write a letter to the supermarket outlining your complaints and suggestions.

ps

Overheal wrote: »

watch your tongue boy: You didn't hear it from me... but there might be yankees on this forum :eek:

Regardless of their presence on boards americans are notoriously litigious.

Zulu

"I'm not into personal gain and the whole claim-culture leaves me feeling physically ill."

Well I guess you could also claim for the nauseous feeling you'd have.

WindSock

I had an accident in a Castle last year where my ankle got so badly sprained I thought it was broken. The Manager took no chances and called a Doctor in right away and paid him. They also gave me a bottle of water for the shock and a full refund . I thought that was the decent thing to do. I would write a letter or something to head office and tell them you wish to get your shoulder checked out and think they should shoulder the burden

tbh

whats the point in suing? to punish the supermarket for sloppy care of the public, to ensure it never happens again. Which you could have helped to do by filling in the incident form in the first place. IMO suing a company is the last resort where you have outlined that they were negligent and couldn't be bothered fixing the problem. For all you know, heads are now rolling and it might never happen again anyway. Talk to the shop, see what they have to say. If they say "it was your fault, nothing to do with us" - sue. If they say "we are very sorry, here's how it happened, here are the steps we are taking to ensure it never happens again" - chalk it up.

ozt9vdujny3srf

How could you be on the ground writhing in agony for 2 minutes and not be injured?

Get it checked out by a doctor and ask the supermarket for the 60 quid.

Last time i was on the ground for anything like two minutes was when i fractured my spine.

DublinWriter

axer wrote: »

You also criticise a person's lack of english with incorrect english - bad grammer and bad spelling? WTF?

The Internal Affairs Dept. of the Spelling Police want a word with you too.

Long and short of it, the initial shock must have acted like an anesthetic. Was in considerable pain last night and this morning but it's eased off a lot now.

Thanks to all for the advice. I think the whole notion of writing a strongly-worded letter to the head-office would be useless. Some drone from sector 7G will give it the once over, see that I'm not suing, go 'phew!' and chuck it in the bin.

I won't sue either as that would be an equally pointless action considering thankfully that no bones were broken.

I'm just glad it was a bruiser like me who copped it rather than some frail old dear.

Zulu

glad to see you've seen sense.

ozt9vdujny3srf

I wouldnt call it sense. You must have hurt yourself. Nothing puts you in agony for 2 minutes without there being something wrong.

Have them pay for a doctors visit at least.

Jack B. Badd

Elle Shapely Sensibility wrote: »

How could you be on the ground writhing in agony for 2 minutes and not be injured?

Low pain threshold, maybe?

OP, unless you have some need for compensation (i.e. medical expenses) then I'd be surprised if any legal action would upheld...

mikemac

tbh wrote: »

If they say "it was your fault, nothing to do with us" - sue. If they say "we are very sorry, here's how it happened, here are the steps we are taking to ensure it never happens again" - chalk it up.

If you drive, ever read your insurance booklet?
NEVER admit liability and saying sorry is doing this
If I was the store manager I wouldn't admit liability to the OP as then they will definitly sue.

ballooba

Sue and give the money to charity if it's for moral reasons.

WindSock

Get yourself checked out. You may not have much trouble now, but it may affect you later on if you don't get it seen to.

RuailleBuaille

Kakfa FWIW

Talliesin

What do you wish to accomplish?

What courses of action are likely to bring it about?

Simple.

Complain to the head office and to Health and Safety Authority.

If you've minor medical expenses incurred, have a lawyer write a letter demanding them back and take them to the small claims court if they don't give them do you.

If you've serious medical expenses or loss of earnings, talk to a lawyer.

Otherwise, what is going to happen that will make a lawsuit productive?

axer

Talliesin wrote: »

and take them to the small claims court if they don't give them do you.

You cannot use to small claims court to make claims for personal injuries.

Talliesin

True you are.

Still. If you've a claim, make it, if you don't, don't.

squishywishy

DublinWriter wrote: »

He wavers, biro in hand, looking at me and says, "What is English, for, um?"

"Isle?" I profer.

"Yes, isle, first isle"

Queue a Kaftaesque and surreal next ten minutes. I'm still in shock and helping said duty manager fill out a standard company form of which he is very unfamiliar, either in English or his native whatever.

By this point, I really want to get the hell of dodge. No bones were broken (literally) and I can't see the point in being here, in this office, giving impromptu English lessons to a complete stranger.

You can hardly look down on his english when you spelt aisle wrong yourself!!

Ickle Magoo

I slipped the other week in an underground car park - while carrying a baby! It was a small pool of rain water that had dripped from the undercarriage of a parked car. I pointed the puddle out to the security folks in case an older driver were to suffer the same fate. I didn't sue as I didn't think it was fair to blame the shop for the weather conditions & my choice of shoe on their particular choice of surface.

upmeath

OP: Best to sober up before entering your local supermarket in future

smiler26

My understanding is that you sue for 'damages' i.e. if the accident has interfered with your life in a significant way, then you should sue.

If not, then a letter of complaint to the store or the HSA will suffice.

Alter-Ego

Get yourself checked out and get the medical costs back of 'em.