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Originally Posted by scooby_wrx1984
(Post 8459912)
I work as a Quantity Surveyor on a utilities contract and the Chapter 8 (barriers) are the responsibility of the Contractor undertaking the work. As the hole was left open the chapter 8 should have been set up around the hole until it has been reinstated and closed out but if it has been removed it won't be tesco who are Liable, it will the contractor or service provider.
You need to find out what the hole was open for, then look into speaking to the council regarding the contractor on this job as the council know about all the jobs we undertake. If you find out its a utility job like a gas main, electric fault or water mains then you can contact the service provider and ask them who was working there and explain the situation, this is probably your best route as they will assist you as they don't want bad press. I hope this helps out a little bit for you and hope the women gets some sort of apology or compensation. I'm an H&S consultant and it is down to the client to ensure safe access and egress when on their property |
People do take the pee in this country and claim for the slightest things.
This incident though sounds like it could have been nasty and she was lucky it wasnt worse, I think a claim should be made. Stolen or not, its Tesco land and its up to them to ensure its safe. Its their duty of care to there own workforce and us customers to make shore that any works carried out are done properly. where was this man hole cover? they must have known about the problem as all stores have CCTV and staff outside collecting trolleys etc. Also when the work was done the store manager should have checked everything, what if a child had gone down it? I'd get all I can out of them myself, not like they have a lack of money is it, and it'll make them check in future. |
Was the manhole cover missing completely or just not put back/fitted correctly?
If its missing completely it was probably robbed by some pikey as I wouldn't imagine a workman would have needed to remove it. It would be hard to constantly keep an eye on everything in a car park. |
Originally Posted by Dedrater
(Post 8457942)
Personally I reckon if it had happened to anyone on this forum and I mean 100% of every one of you! and you had the chance to make one phone call to some ClaimsDirect type office, knowing you will be at least getting 5k in a few weeks time, I honestly can not accept that any one of you would not make that call on moral grounds.
Twice I've been in car accidents where I suffered neck pain for about a week after the crash but after that it cleared up and on neither occasion was I off-work or unable to do most of my normal activities. In neither case did I claim for whiplash and it was on moral grounds. In fact, as proof there's a thread on here from about 6 or 7 years ago where I wrestle with that very same moral question, I can't find it because I only have Pikeysearch(TM) |
Sod all this 'should she claim' stuff - why was the kid running around a carpark? ;)
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