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+---- Thread: Law gone fruity??? (/thread-77.html)
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Law gone fruity??? - Bog - 08-18-2009
Maybe a legitimate action! However, a million and one questions for the defence Counsel to put forward!
Is there a blame and claim culture in Britain???
http://news.bbc.co.uk/1/hi/scotland/tayside_and_central/8206204.stm
RE: Law gone fruity??? - Twitchin Kitten - 08-18-2009
How freakin' high were the pineapples stacked to bonk this woman hard enough to knock her to the ground?
How come there is no surveillance footage of the event? The UK is the most videotaped/photographed nation on the planet! Surely the store has security video they can view to see what happened? The produce aisle is normally at the front of the store when you walk in and the widest so any video camera in the store would be there by the door with a wide sweeping view. (matt installs security cameras and has taught me this!)
Why is the store even closed? Unless it was a filthy shit hole of a store, I see no reason why business as usual should not be going on.
Was she taken out of the store by ambulance? Did she spend time in a hospital?
What's really sad is that kind of frivolous lawsuit goes on here all the time. She'll easily get over $100,000 for this.
RE: Law gone fruity??? - Bog - 08-18-2009
This will be dealt with differently than the law in England. I can't comment on Scottish laws and indeed, only academically comment on English law as I am not legally qualified in any way! I think this could come under Occupier's liability but in English law there may be a defence of contributary negligence ( if the thing she wanted to get off the shelf was too high, why not ask an assistant?) I think she will have to fight a hard case to win.
RE: Law gone fruity??? - Twitchin Kitten - 08-18-2009
Contributary negligence is what gets all those frivolous lawsuits into the system and 'credibility'. Anyone and everyone involved can be brought into the suit.
RE: Law gone fruity??? - LKTraz - 08-18-2009
I fail to see how the store can be blamed if as they claim "...another customer dislodged it..."
Would it not then be the fault of THAT customer? Like I'm REALLY sure that it simply fell on the old gal's noggin as she passed by. Likely she was trying to grab one of the pineapples lower in the stack and caused her own dilemma!
RE: Law gone fruity??? - Twitchin Kitten - 08-18-2009
The store can be responsible simply because it's a store and it housed the pineapples. Double that with they stacked it. The person stacking it is secondarily responsible but firstly falls under the store's umbrella of coverage because as an employee he's covered.
That's how it would go here in the USA anyway.
I've never seen a store stack pineapples. They are usually in flat rows. they are too big to stack!
RE: Law gone fruity??? - LKTraz - 08-18-2009
Must be one of those attractive marketing display things. Sorta like the pyramid of canned goods display.
RE: Law gone fruity??? - Bog - 08-18-2009
Nah!!!! I think it was on the shelf of reduced items. Usually they just bung everything on a shelf willy nilly. I go with LKTRAZ and that is the line I would go down ...HOWEVER Twitchy has a point... Occupier's liabilty Act 1957 may well be brought into play... No one will want to sue and individual, no one has any money.... sue a big company and they have deep pockets!
RE: Law gone fruity??? - Twitchin Kitten - 08-18-2009
Here your homeowners insurance may often cover such things too. They hit everyone here and see what they can get.
RE: Law gone fruity??? - LKTraz - 08-18-2009
The shame is that many companies just pay off because it's cheaper than proving the plaintiff is dead wrong.