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#1 Posted : 04 July 2006 18:19:00(UTC)
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Posted By Samantha Rigby hope i'm in the right place for this question, apologies if i'm not. is there any chance anyone knows how to write a letter to an irate customer regarding an alleged incident at our store? the said customer is not happy, says she had a accident instore by slipping on a piece of fruit. area investigated, no fruit found, no witnesses by colleagues or management other than customers partner. she wants us to acknowledge and apologise for the incident. how can we acknowledge or apologise for something the customer says? if we do what she wants surely we are saying we are liable? any ideas anyone? need reply sharpish :) cheers sam
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#2 Posted : 04 July 2006 18:39:00(UTC)
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Posted By Kesp Samantha a) Is she hurt? b) Have you got CCTV? c) How did she inform you of the incident? d) Inform your insurers e) Inform your solicitor f) Don't write to her direct in a panic Your insurers or solicitor should provide you with the correct advice. Hope this helps
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#3 Posted : 04 July 2006 18:43:00(UTC)
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Posted By Richie H You would have thought that the customer or her partner would have reported the accident at the time of the incident. I would suggest you reply informing her that there is no accident record of the incident and also no recollection by any of your staff of such. Also inform her of your good housekeeping processes (ensuring fruit aint all around your shop floor etc...) and the fact she SHOULD have reported the incident to a member of staff! Other than that i am unsure of the legal implications sorry! I certainly wouldnt acknowledge or apologise.... that is your acceptance that the incident occurred! Good luck
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#4 Posted : 04 July 2006 19:34:00(UTC)
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Posted By Samantha Rigby thanks for the replies! customer did notify us at time of incident, we filled out incident form. manager investigated, he says there was nothing on the floor, colleagues in the area didnt see anything oocur, customer says that a colleague removed said fruit skin, colleagues say they didn't. i have phoned our claims department they say send flowers, letter of apology and gift vouchers! it seems they aren't really bothered if we get a claim for it! but then they do estimate a cost if a claim does go in, usually double than what they settle at but they never refund any over cost back to the store! rant rant rant lol!!! sorry it just annoys me. anyway after numerous phone calls from said customer, they are getting slightly peeved to have had no response from store! which is naff as i have spoken to customer on numerous occasions. customer will not accept anything other than a letter of apology and acceptance of accident occurring. i have explained cleaning procedures, the fact that fruit is not stored in the area alleged incident happened etc. to no avail. bit stuck thats all as to what to do next thanks again for replies sam
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#5 Posted : 04 July 2006 20:33:00(UTC)
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Posted By Raymond Rapp Samantha I think your Claims Department have got it spot on. Send her a some flowers and a nice card. Sometimes all a person wants is 'sorry'. You are not admitting liability by sending her a gift and the wording should be slightly ambiguous...sorry to hear of your unfortunate accident and please accept this gift as a token...blah, blah from all the staff and management. No need to explain the circumstances as you have aleady done that. Job done. Regards Ray
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#6 Posted : 04 July 2006 20:50:00(UTC)
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Posted By Samantha Rigby thanks for the advice ray, wil do first thing in the morning and keep my fingers crossed! lol hope it sorts this situation out otherwise i await the dreaded solicitors letter through the post in about 2 months time lol thanks again to all who have responded sam x
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#7 Posted : 04 July 2006 22:40:00(UTC)
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Posted By Saracen11 Hi Samantha, I agree with Raymond, try not to worry. If the IP is going to claim, she will do. Flowers and a nice card is good PR and will help the IP recover i.e. knowing you've acknowledged the incident took place and are showing concern. Have EHO been in touch with you yet? Slips/trips/falls is a topic area so they may well intend to. Make sure everything is in order if they arrive on your doorstep in terms of RA's, cleaning regimes, staff training etc... and what corrective action (if any) you took following the incident. This will again demonstrate your acknowledgement of the incident and show you hav taken steps to reduce the likelihood of a reoccurance. Regards
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#8 Posted : 05 July 2006 05:26:00(UTC)
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Posted By Samantha Rigby thank you very much for all your replies, i'm going to get it done first thing this morning thanks again sam x
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#9 Posted : 05 July 2006 08:30:00(UTC)
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Posted By Rochelle Cartmell Sam Hi I had a similar incident when I was in your position (and company!) and was advised not to write or send flowers, cards etc as it seems the store is indirectly assuming liabilty. Rochelle
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#10 Posted : 05 July 2006 08:59:00(UTC)
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Posted By gham Samantha Why don't you pass it to your trading law team at your head office
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#11 Posted : 05 July 2006 09:08:00(UTC)
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Posted By gham I've just read some of your other posts If you aknowledge that could be enough to instigate a claim, this will no doubt result in a claim no doubt regardless of you aknoledging what happened or ginving an apologie, you say that you recorded the accident after it happend so the paper work is already there and you will be required to forward it on to their legal rep in the event of a claim. At this stage you have nothing to loose by making an apology just becareful how you word it
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#12 Posted : 05 July 2006 09:17:00(UTC)
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Posted By garyh Am I missing something here? Assuming that the incident happened as described, what exactly could they sue for? In a common law "Tort" claim you have to establish that you suffered loss, that the plaintiff had a duty of care in which they failed......etc. So what loss did this person suffer? What compo could they get if they have not lost out financially? Pain and suffering - I don't think that this pays very well!
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#13 Posted : 05 July 2006 10:39:00(UTC)
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Posted By gham Gary When there is a claim made the insureres will normally pay out of court if the cost to defend is greater than the reserve put against the claim. Not all companies operate like that but I know the place that samantha is on about very well. There have been sucessful claims where members of the public slipped on a grape, spilt milk, a pen that was dropped on the floor at a check out, they may not make court all the time and they have know to be settled out of court, thats the reality of retail and working with the public
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#14 Posted : 05 July 2006 16:43:00(UTC)
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Posted By Samantha Rigby very true gham! seems like no matter what procedures you have in place, and whatever is done to stop incidents like this occurring, it makes no difference in this day and age. all i can say is these companies who offer 'no win no fee', 'have you had an accident in the last 3 yrs?' etc etc blah blah blah must be minted! i'm all for people getting compensation for loss, injury etc if there was some genuine downfall of procedures that caused the accident, but it peeves me off when you know damn well nothing happened but they blatantly lie about it! ok rant over, i wrote letter saying sorry to hear about your accident in store and sent her a £25 gift card but made it clear we were not accepting liability. lets see where that gets me :) cheers sam x
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#15 Posted : 05 July 2006 16:58:00(UTC)
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Posted By MeiP Hi Sam, Just wanted to add my tuppence worth. Hope the letter etc is enough to pacify, but wanted to remind you to keep hold of your records etc for 3 years. I've heard that some of the ambulance chasers often wait until 2.5 years before making a claim... in the hope that you won't have the paperwork to defend yourself by that point. Mei
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#16 Posted : 05 July 2006 19:04:00(UTC)
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Posted By Samantha Rigby mei yes we keep our records for 3 and a half yrs, plus any witness statements, any notes that are took at the time, photographs etc. plus if its a minor (under 18) we keep until the person reaches 21yrs old. we have that covered but thanks for your input. i think a lot of companies are clicking onto the fact that this is starting to become common practise! surely something should be done to protect businesses against this sort of action! i feel for small businesses that could potentially go under if they get caught in this trap, its ok for the company i work for has they are a huge retail company and it wouldnt affect us as much. i think this sort of topic will become common place the more these no win, no fee companies continue to win more and more cases! sam x
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#17 Posted : 06 July 2006 12:43:00(UTC)
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Posted By Glyn Atkinson Just a sobering thought - would the £25 gift voucher pay for loss of earnings if someone had, for instance, broken a limb or was off work, assuming (like my company) their firm does not cover sick pay for shop floor workers other than statutory sick pay? Has anyone enquired to the extent of any injury in this case?
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#18 Posted : 06 July 2006 16:33:00(UTC)
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Posted By Samantha Rigby the accident form says that she bruised her knee, she says she's slipped a disc in her back but now as been to the hospital and there is nothing wrong with her back. she is a member of the public so i dont know if she has had any time of from work sam x
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