Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 01 December 2006 12:06:00(UTC)
Rank: Guest
Admin

Posted By LJ
When in a DIY store(as a Member of the Public)who is liable if I am struck by an object e.g dado rail, which is being carried by another Member of the Public and causes me an injury.
Is it the Member of Public, who will not be insured or the DIY store.
Before anyone asks - no I have not got a claim in!

If I was struck by a falling object etc from a shelf/display then it would be the DIY store.
Admin  
#2 Posted : 01 December 2006 12:13:00(UTC)
Rank: Guest
Admin

Posted By Stupendous Man
I'm going to be bold and suggest that this is one of those occasions where it is an 'accident'.
Admin  
#3 Posted : 01 December 2006 12:32:00(UTC)
Rank: Guest
Admin

Posted By holmezy

LJ,

diy store would wash their hands of it. If you thought that the injury sustained was sufficient to warrnt a claim then it would be a civil matter ie probably the small claims court.

I really hope that we as a society, and the country as a hole dont start sueing each other everytime a trolley runs over our toes whilst shopping......not the way to go. Just accept an apology and as the previous respondant suggests, out it down to an accident.

Unless the offender actually meant to harm you......then its a police matter, not that they will be too interested, they might suggest you kiss and make up!!

Holmezy

sitting quietly on the riverbank, beer in hand......

Admin  
#4 Posted : 01 December 2006 12:35:00(UTC)
Rank: Guest
Admin

Posted By holmezy
Apologies,,,,

my spelling and grammar in last post was attrocious.

I know its there but never think to use "spellcheck". Ironic that we requested it sooooo fervently!

Holmezy

Admin  
#5 Posted : 01 December 2006 12:52:00(UTC)
Rank: Guest
Admin

Posted By Keith Jackson
About 18 years ago there was a serious accident in a Smiths Do It All store when a child was killed by a 3 mtr worktop falling on them while the parent was dealing with the payement. Do It All were taken to task and I remember having to visit stores to encourage them to ensure that they had procedures in place. The store does have a responsibility but so does Joe public. It all boils down to reasonably practicable measures being taken. When you think about it what we have is members of the public young and old alike walking around what can be a very dangerous warehouse situation. These stores are well aware of the problems they face. The question is should we allow ordinary members of the public into such areas. There's certainly a need for adequate control measures to be in place. By the way these stores can make a lot of money by trading in the way they do.
Admin  
#6 Posted : 01 December 2006 13:07:00(UTC)
Rank: Guest
Admin

Posted By holmezy

Keith,

I agre with you, and can vaguely remember the work top incident, and others since, howeve the origional post indicated that the dado rail was being carried by a member of the public (on the way to the till??), so that reduces, if not removes all responsibility from the store.

Does it not?

Holmezy
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.