Rich777

I would say that section 2(2)(C) of Act applies.

‘the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;’

The wording does not specify that it is only Information, instruction and training to your own employees, as such you should be providing SFAIRP IIT&S to anyone who may affect the health, safety and welfare of your employees.

This provision of information to others is also backed up by the R V Swan Hunter Case.

I think the supermarket does have some responsibility - whilst the trolley (I am having trouble thinking what a motorised 'trolley' looks like and thinking more 'scooter'???). It has loaned this item out so am sure they have responsibility to ensure the person using it on their premises does so safely - some form of (dare i say it )'training on how to use it safely.

I mean if the person who was driving was not even aware they were dragging with them the poor IP - who surely would have been making some noise - then the supermarket has not been diligent enough in ensuring the user was safe to be let loose in their premises. I think then it has to come down to the supermarket in the first instance - but I hope the IP has made the supermarket aware of the matter and didn't just limp off.

It does sound awful.

I get plenty fed up with ankles getting rammed by normal trolleys or kids on their mini scooters (who ever thinks thats a good idea in a supermarket....no dont answer!!!) and those wheelie shoes. Its bad enough having to do shopping fullstop without getting run over!!!!

Bigrab,

Whilst I agree with the scenario you mention is as the post states the original question was

'What responsibility does the supermarket have in providing these mobility trolleys in respect of information, instruction to wheelchair users?'

To that end I believe section 2(2)(C) still applies, in order to protect the supermarket staff, and if the supermarket had undertaken this provision of information then maybe Rich777’s employee may not have been hurt whilst out shopping and no one will want to sue anyone else and we don't line the no win no fee pockets.

I'm not old, (60) neither do I have poor eyesight or hearing. I do however have bad legs (osteoarthritis), and have used this type of scooter in a well known DIY store myself.

When I first asked about it they told me to ask for the key at the return desk, this i did, and upon receiving the key I was left to get on with it.

The scooter was connected to a battery charging point, OK it wouldn't switch on while connected but I did try!

Once disconnected from the charger off I went into the store that was full of extra stock as it was nearing Christmas. Well what time I had, while waiting for my missus to make her mind up.

The scooter itself was well used and worse for wear. Stopping distance was a little too long and I had many a bump during my "journey" through the store.

Some of the aisles were too narrow and junctions did not allow enough of a turning circle.

Fortunately no one was killed or maimed that day but there was the possibility.

I have to add that many years ago my wife was hit from behind by a shopping trolley and her heel was badly gashed. I mention that just to even the balance.

grim, I've used a disabled person trolley at Tesco a few years ago when my daughter got too big for the child seat. It's a smaller size basket area with a seat at the rear instead of seats inside the trolley. They are suitable for from age 5 to about 9.