Accidents in Tesco
If you sustain an injury due to accidents in Tesco which could have been avoided with greater care, you may be entitled to claim supermarket accidents compensation for your injury. Not all accidents in Tesco are preventable or qualify for injury compensation, for although Tesco has a duty of care to provide customers with a safe environment in which to shop, that duty of care is not absolute. Therefore, if staff at Tesco have not had a “reasonable” opportunity to identify a hazard and eliminate the risk of injury to shoppers – such as if liquid has spilled onto the floor from another shopper´s trolley – it may sometimes be complicated to prove liability and claim compensation for accidents in Tesco. Therefore, it is always advisable to discuss the circumstances of any accidents in a Tesco Supermarket with an experienced solicitor on our Supermarket Claims Service for a free case assessment – without obligation – and to ensure that you have a Tesco accident claim for compensation which is worth your while to pursue.
An inquest conducted by the Bradford Coroner’s Court has found that a broken hip sustained by a customer contributed to their death.
The accident occurred on 21st December 2013 when Esther Payne – aged ninety, from Steeton in West Yorkshire – was concluding her Christmas shopping at Tesco in Ilkley, West Yorkshire. As she was finishing her shopping, she was hit by a trolley ferrying beauty products around the shop that was being pushed by a Tesco employee.
The force of the impact caused Mrs Payne to fall to the floor and break her left hip. She was subsequently taken to Airedale Hospital where a pin was placed into her hip, though Mrs Payne experienced a deterioration in her health. She suffered from problems in her kidneys, and died on the 3rd January from a heart attack.
Bradford Coroner’s Court conducted an investigation into her death, and Mrs Payne was described as being fir for he age. Evidence from previous studies also showed that ten percent of elderly patients that suffer similar injuries to Mrs Payne’s die within one month of the accident, and that thirty percent die within a year.
Stephen Purser, the Tesco Group’s Safety Director, was questioned at the inquest by Assistant Coroner Dominic Bell concerning the movement of the roll-cage trolleys, such as the one that hit Mrs Payne. Mr Purser said that the policy was that the cages should be pulled, not pushed.
However, Jane Bradbury – Bradford Council’s Health and Safety Investigator – told the inquest’s jury that she had scheduled a visit to Tesco and had not seen the employees pulling the cages, but pushing them – contrary to Tesco’s own policies. She also told the jury the CCTV footage had failed to capture the accident, as none of the shop’s eight camera pointed on the spot.
Assistant Coroner Bell and Emily Formby, Tesco’s barrister, said that the lack of witnesses and CCTV footage meant that it was impossible to state without doubt how Mrs Payne’s accident occurred, but the inquest’s role was not to lay blame.
The jury returned a verdict that acknowledged that, while Mrs Payne died of a heart attack, the broken hip that she sustained whilst shopping in Tesco had been a contributing factor.
An 11-year-old girl, who seriously cut her leg on a stand displaying cakes in a supermarket, has had her settlement of compensation for shop display injury approved at the Circuit Civil Court in Dublin.
The court was informed how Jade Earls had been shopping in the Cornelscourt branch of Dunnes Stores July 16, 2010. As she walked by a display stand for cakes, Jade caught her leg on rusty nails exposed on a piece of wood which was hanging down from the display.
Judge Alan Mahon was told that Jade susatined a ten centimetre abrasion and a four centimetre laceration which – although it had gotten better – lead to a permanent scar on her left leg. Through her mother – Fidelma – Jade made a compensation claim for faulty shop display injury against Dunnes Stores and the company responsible for the cake display stand – ABF Grain products of Grosvenor Street, London. This type of accident might seem fairly uncommon, but trips and slips in supermarkets are very common.
The judge was also told that Dunnes Stores and ABF Grain Products had admitted liability for Jade´s accident on a 60/40 basis, and that an offer of compensation for faulty shop injury amounting to 12,000 Euros plus legal expenses had been tabled, which the family were willing to accept.
The settlement was granted approval by the court.
Tesco has acceped failing in its duty of care towards employees at their Warfield after an investigation found that Tesco accidents at work were not being reported to the Health and Safety Executive.
Bracknell Forest Council examined three separate Tesco accidents at work between May 2009 and March 2010 in which staff had been hurt and no report had been filed to the relevant enforcing authority.
Inspectors from the Environmental Health Department of Bracknell Forest Council also found proof that Tesco had failed to provide adequate training and enforce safe working practices in the loading and unloading area of its Warfield store – further placing employees at risk of injury.
Tesco accepted the charges made against the company and were fined 48,000 pounds after an official hearing. Bracknell Forest Council recovered a further 25,000 pounds for the costs involved with the examination and for bringing the compensation case against Tesco.
“It’s vital that companies stick to health and safety rules so their employees remain out of danger at work”, stated Bracknell Forest’s head of environmental health, David Steeds, after the Tesco accidents at work case had been heard. “Unfortunately, Tesco failed to keep to these rules and, as a result, employees were injured – quite seriously in one of the cases – or put in harm´s way.”
A court in Leicester has told how an elderly pensioner was paid an undisclosed amount of Tesco compensation for leg injury after she was hit by a pallet trolley in her local store.
The formal hearing, which was called to determine the severity of the health and safety fine after Tescos accepted liability for the injury, heard how Angela Pownell (80) from Beaumont Leys, Leicestershire, had been struck on the leg by the pallet trolley while shopping with her husband in August 2009.
District Judge John Temperley heard the impact of the pallet trolley – which was heavily loaded with boxes of televisions – had torn strips of skin away from Angela´s leg and she was rushed to Leicester Royal Infirmary where she received stitches and painkillers for her injuries.
The court was told that a district nurse was needed to visit to change Angela´s dressing daily after the incident in Tescos, and that she suffered psychological injuries thereafter. Angela´s husband, John, testified that Angela lost her confidence after the injury and would not go anywhere in public without holding somebody else´s hand.
Angela and John had accepted an undisclosed Tescos compensation for leg injury settlement and, after hearing that the warehouseman who had been pulling the pallet truck at the time admitted that he had not seen Angela, District Judge John Temperley fined Tescos 20,000 pounds and ordered them to pay 24,500 pounds in costs.
A former Tesco worker, who made an injury claim for compensation after crushing her hand at the company´s store in Duloch Park, Fife, has had her claim settled out of court for an undisclosed amount.
Shona Foreman made the Tesco employee injury accident claim after her hand was crushed between two metal cages during a delivery at the store in 2006. The accident occurred as Shona was helping with a delivery and, due to the restricted space available, moved to one side to allow an employee through.
The space that Shona was left was insufficient, and the cage being pushed by her co-worker crashed into her own, crushing her hand between the two. The mother of one from Alloa in Clackmannanshire was taken to hospital by her manager, where she was diagnosed with nerve damage and a soft tissue injury.
Shona went back to work the following week and, despite having her hand in a plaster cast, was allocated a job on the checkout, where she was expected to lift customer´s shopping and aggravated her injury due to this. Shona eventually departed her job at Tesco following a warning about the amount of time she was taking off of work due to her injury.
After taking legal guidance, Shona made a Tesco employee injury accident claim – claiming that the working practices at the Tesco store in Duloch Park had been to blame for her original injury and that the injury which Tesco were responsible for was then exacerbated by the company´s lack of care for her condition.
Tesco denied responsibility for Shona´s Tesco employee injury accident claim but, just before the case was due to be heard in court, accepted liability for her injuries and offered an undisclosed offer of compensation in settlement of Shona´s Tesco employee injury claim, which Shona accepted after advice from her solicitor.
A pensioner from Worcestershire, who broke a bone in his foot after he fell on a wet floor in Tesco, has been awarded an undisclosed four-figure settlement for his Tesco wet floor injury claim.
Ronald Fryer (80) from Whittington in Worcestershire was going into the Tesco store in St. Peter´s Drive, Worcester in October 2009, when he slipped on a wet floor by the entrance to the shop.
The retired cricket umpire was taken to the Worcestershire Royal Hospital where X-rays revealed that Ronald had broken a metatarsal bone in his foot.
After recuperating from his injury, Ronald sought legal guidance and established that he was eligible to make a Tesco wet floor injury claim due to a breach in Tesco´s duty of care towards its customers.
After lengthy negotiations over how much compensation for slipping on a wet floor in Tesco Ronald should be entitled to, the company made a four-figure offer in settlement of Ronald´s Tesco wet floor injury claim which he was advised to take.
The Food Standards Agency is investigating watermelon salmonella claims following the death of one person and thirty other reported cases of food poisoning in the UK.
Other similar cases of illness have also been reported in Germany and the Republic of Ireland, and officials at the Health Protection Agency are treating the outbreak of salmonella poisoning with particular caution – issuing advice to wash all fruit and vegetables thoroughly before eating them.
The origin of the salmonella contaminated watermelons has not yet been firmly established, but they are thought to come from a food preparation unit in Brazil; where the watermelons may have been washed in unclean water or cut with a contaminated knife. Of the thirty people known to have contracted the “Salmonella Newton” strain of salmonella, fifteen have confirmed that they had eaten watermelon within the preceding week.
The watermelon salmonella claims victims suffer in similar ways to other strains of food poisoning, with victims suffering from diarrhoea, vomiting, fever and abdominal pains which last from four to seven days. Some individuals will need a course of antibiotics to prevent complications such as septicaemia and infection, and people recognising the early symptoms of food poisoning are advised to seek medical attention immediately.
Subject to the specific medical prognosis, it will be possible for salmonella in watermelon claims for compensation to be made against the retail outlets to blame for selling the contaminated watermelons. This is most likely to be snack kiosks or smaller shops with self-service fridges rather than the larger supermarkets, although some cafes and restaurants may also be at risk if they have served the contaminated watermelons on their premises.
In order to help with determining liability and the preparation of injury compensation claims, those suffering from salmonella in watermelon food poisoning are being advised to speak with a solicitor at the earliest possible opportunity.