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-   -   Tesco store driver sues shopper (https://www.scoobynet.com/non-scooby-related-4/711318-tesco-store-driver-sues-shopper.html)

gazza-uk 09 September 2008 10:23 PM

Tesco store driver sues shopper
 
BBC NEWS | UK | England | North Yorkshire | Tesco store driver sues shopper

A shopper in North Yorkshire is being sued by a Tesco delivery driver who claims he was injured when he tripped over on his driveway.

how long before you have to pay an insurance fee onto of your delivery charge :nono:

mit 09 September 2008 10:26 PM

This sue culture's getting out of hand.

Midlife...... 09 September 2008 11:00 PM

I remember having a house surveyed which I wanted to buy and the surveyor said that the drive "looked slippery" and might incur problems with the postie etc slipping and taking legal action !!

If it's my job to clean the path and the wife slips on some leaves then she can sue me on the house insurance (it's been done)........crazy !!

The reason I remember this is that the surveyors report said he had a bad back and couldn't go into the loft space or the cellar so couldn't comment on these aspects so the structural survey was invalid and needed someone else to inspect the property..........so we had to pay twice when some able bodied person inspected the property !!

We tried all sorts.......but surveyors seem immune to any sort of legal comback :(

Shaun

dpb 09 September 2008 11:06 PM


Originally Posted by Midlife...... (Post 8122084)
I remember having a house surveyed which I wanted to buy and the surveyor said that the drive "looked slippery" and might incur problems with the postie etc slipping and taking legal action !!

If it's my job to clean the path and the wife slips on some leaves then she can sue me on the house insurance (it's been done)........crazy !!

The reason I remember this is that the surveyors report said he had a bad back and couldn't go into the loft space or the cellar so couldn't comment on these aspects so the structural survey was invalid and needed someone else to inspect the property..........so we had to pay twice when some able bodied person inspected the property !!

We tried all sorts.......but surveyors seem immune to any sort of legal comback :(

Shaun


lazy gold-digging toerag - springs to mind

ChefDude 10 September 2008 09:36 AM

Common sense aside, why not have a more litigious society?

If someone spills ketchup on your £200 suede shoes or £150 white shirt and it's not your fault, i bet they wouldn't think about paying for replacing them. It wasn't your fault in the least, but i bet *you* are labeled the stupid person for wearing expensive shoes/shirt and "no f**king way am i replacing your £200 quid shoes - who buys £200 shoes?!" :rolleyes:

Litigation is good.

boxst 10 September 2008 09:43 AM

That is just ridiculous. Although he has left Tesco, he should be suing them as he was in their employment not the individual. Not that he should actually be suing anyone for that of course.

Midlife: I would have refused to pay the first surveyor as they didn't complete the task.

Steve

Midlife...... 10 September 2008 09:58 AM

Steve

There was something in the contract for the surveyor which stated something like if an area was hard to get at then he could not be held liable if something was missed.......I assumed this was to cover him for missing an unexplosded bomb buried in the garden and not his bad back :)

Shaun

magepaster 10 September 2008 01:13 PM


Originally Posted by Midlife...... (Post 8122466)
Steve

There was something in the contract for the surveyor which stated something like if an area was hard to get at then he could not be held liable if something was missed.......I assumed this was to cover him for missing an unexplosded bomb buried in the garden and not his bad back :)

Shaun

But surely places he missed were only hard to get at because he was unfit to perform him job.

Boro 10 September 2008 02:32 PM

I reckon Tesco will pay off the ex employee.

New_scooby_04 10 September 2008 06:04 PM

Just put a sign on your gate saying: enter at your own risk! lol :D

swampster 10 September 2008 06:13 PM

Counter sue for trespassing.... whilst yeah the guy ordered stuff from Tesco, he hadn't given the delivery driver express permission to enter his premises. Then due to his unlawful trespass he hurt himself, causing you unnecessary strain and anguish which of course you are going to sue for.. :)

boxst 10 September 2008 06:15 PM


Originally Posted by New_scooby_04 (Post 8123389)
Just put a sign on your gate saying: enter at your own risk! lol :D


I know that was supposed to be funny, but sadly not such a bad idea. You would need something visible that says that the owner "Isn't responsible for anyone entering without supervision".

Steve

swampster 10 September 2008 06:19 PM


Originally Posted by boxst (Post 8123407)
I know that was supposed to be funny, but sadly not such a bad idea. You would need something visible that says that the owner "Isn't responsible for anyone entering without supervision".

Steve

Unfortunately it wouldn't be worth the sign it's written on in the event of being sued. You'd need to get the person's express agreement that they will waiver all liability and probably a signature to that effect to have any kind of standing, you might even need witnesses...

gpssti4 11 September 2008 08:30 AM


Originally Posted by swampster (Post 8123419)
Unfortunately it wouldn't be worth the sign it's written on in the event of being sued. You'd need to get the person's express agreement that they will waiver all liability and probably a signature to that effect to have any kind of standing, you might even need witnesses...

I'm not so sure, you only have to look at all the wheel clamping firms that use this method. A sign posted on private property saying that if you enter/park here you are deemed to have accepted it's stated conditions.

Klaatu 11 September 2008 08:49 AM


Originally Posted by mit (Post 8122003)
This sue culture's getting out of hand.

Just catching up with the American's and Australian's. There's a great episode in South Park about this sort of thing.

hutton_d 11 September 2008 09:08 AM

I've said before, there needs to be 'duty of personal responsibility' to cover stuff like this. So, for example, you couldn't sue the council for tripping over a pothole in the pavement as you should have been looking where you were going , etc etc

Dave

GC8 11 September 2008 11:18 AM


Originally Posted by swampster (Post 8123405)
Counter sue for trespassing.... whilst yeah the guy ordered stuff from Tesco, he hadn't given the delivery driver express permission to enter his premises. Then due to his unlawful trespass he hurt himself, causing you unnecessary strain and anguish which of course you are going to sue for.. :)

They have implied permission, until it is rescinded.

^Qwerty^ 11 September 2008 11:27 AM


Originally Posted by Boro (Post 8122992)
I reckon Tesco will pay off the ex employee.

They already have with one of them, or they 'agreed' to drop the action. Bad PR for Tesco locally, and I suspect the big players who do home delivery will be looking at ways to stop this happening.

SteveScooby 11 September 2008 11:35 AM


Originally Posted by gpssti4 (Post 8124564)
I'm not so sure, you only have to look at all the wheel clamping firms that use this method. A sign posted on private property saying that if you enter/park here you are deemed to have accepted it's stated conditions.


That's slightly different, you can not waive your liability against personal injury

Leslie 11 September 2008 11:41 AM

I sincerely hope that the driver loses the case and gets charged full expenses.

Les

speedking 11 September 2008 01:09 PM


Originally Posted by ChefDude (Post 8122407)
Common sense aside, why not have a more litigious society?

If someone spills ketchup on your £200 suede shoes and it's not your fault, i bet they wouldn't think about paying for replacing them. It wasn't your fault in the least, but i bet *you* are labeled the stupid person for wearing expensive shoes/shirt and "no f**king way am i replacing your £200 quid shoes - who buys £200 shoes?!" :rolleyes:

Litigation is good.

But the person who spilt the ketchup is suing the person who handed it to him, because they hadn't put the lid on properly. They were wearing gloves and are suing the ketchup manufacturer because nowhere on the bottle did it say that you mustn't do the lid up with gloves on. The ketchup manufacturer is suing the label printer because they forgot to put on the bit about not doing up the lid while wearing gloves. The label printer is suingthe software company because their spellchecker was faulty and the word gloves kept getting changed and so he couldn't print that bit of the label. The software company is a department of a company who's main business is manufacturing shoes. Ten years later they are bankrupted by the litigation and so you can't replace your shoes anyway.

Who wins? The l*wy*rs :(


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