The 79-year-old spotted the pies at a Morrison's supermarket and called out to her husband that she had found them as she stepped forward to reach them, but then fell over the low unattended flatbed trolley.
Mrs Palfrey, of Callington, Cornwall, remains disabled, with one arm shorter than the other, and it was over two years before she could carry out even basic domestic tasks.
Yesterday, Appeal Court judges awarded the traumatised pensioner, who still has to take pain killers, £44,000 damages, ruling that the trolley, which had been left in the centre of an aisle when the stacker went off to help another customer, was dangerous.I... What? I thought we were kicking this compo culture stuff into touch at long last?
Now the trolleys used at thousands of DIY stores and supermarkets have been declared 'dangerous' by top judge Lord Justice Moses.
In a ruling which threatens to cost retailers millions, Lord Justice Moses said that low-slung, L-shaped, flatbed trolleys - of the type ubiquitous in Homebase, Ikea and other stores - pose a foreseeable risk of serious injury to shoppers.It's not going to 'cost retailers millions', is it? Those costs will be passed on to us, the consumer.
Lord Justice Moses said: 'Shoppers walking up and down aisles in supermarkets are expected to be attracted by what is on the shelves; they do not expect to have to look towards the ground.
'Their attention will be on their shopping and other shoppers.
'Mrs Palfrey was intent on indicating to her husband that she had found the pork pies and all of that would have deflected her attention away from the long, low-based, trolley.'Oh, FFS..! These things aren't small! Or easy to miss, so long as people are sensible. Just how are shops supposed to restack the shelves without them?
Maybe Mrs Palfrey should have been less intent on the pies and more on what was going on around her?
On top of Mrs Palfrey's damages, Morrisons now face having to pay the enormous legal costs of the case, which have been estimated at close to £200,000.Except they won't. As I've already pointed out.
So, thanks for nothing, Mrs Palfrey. Next time I go to Morrisons, I'll have you to thank for the increased prices and the fact the staff haven't restocked the shelves quickly...
Still, at least she didn't get a staggering £800k!
18 comments:
I suspect that it's not worth Morrisons appealing to the Supreme Court on this one since the same brain-dead loonies sit on the bench there also.
I have some sympathy (not a lot) with Mrs Palfrey. That said, she's manifestly a danger to the public as well as herself since she's proved incapable of engaging her brain when in a "pork pie trance". Rather than a further appeal, Morrisons should contact Cornwall Social Services since this is obviously a "care for the idiocracy" issue.
Shops have only themselves to blame for creating compensation opportunities for the vultures. They should and do know better.
Once upon a time shops closed at lunchtime and 5 o clock. Plenty of time to stock shelves when there's no customers in the shop.
Less profit too, mind.
They really need to change the law here.
The first question should/must be "could you have avoided the accident"? In this case, by looking where you were walking. Using the same collection of human senses that prevented you strolling face first into the baked beans shelving, a wall or falling into the frozen veg freezers.
I've used this anecdote before but its worth repeating: Commonly in South East Asia (and no doubt in other tropical places around the world) you'll see pavements lifted a foot or so by tree roots, kerbs that are two foot high (step off those without looking and you'll know about it), missing manhole covers or open 6 foot deep concrete drainage ditches running alongside the pavement. I once asked a local about these obvious dangers and wondered what would happen if you tripped over or into such a hazard? "Don't" was the curt response. "You fall in; your fault for not looking" Harsh, but fair.
While the system clearly means well, sadly, we're designing a world for the stupid and irresponsible.
XX
Umbongo said...
when in a "pork pie trance" XX
:-) :-) :-)
Pies are an unknown art form here. I would KILL for a Greggs Steak and kidney!
As to shops. I just HOPE that the people you meet in the supermarket on a Sunday have not got driving licences, because the bastards are dangereous enough with a bloody shopping trolly.
Give them a Volvo, and.....
Let Mrs Palfrey's injuries be the least of your concerns, JuliaM. Her No-Win-No-Fee scheme for enriching lawyers, is an affront to you and all righteous onlookers who would never think of stooping to seek compensation, in any circumstances.
On the other hand, you could have gone to Specsavers and see your way clear to drop into the Honesty shop for a small bag of Truth.
Hardly the point at all Melv. You are certainly old enough to have been brought up to "watch what you're doing" AND "watch where you're going".
So is Mrs Palfrey.
Not nice what happened to her but it's no one's fault but her own.
You could swallow a teaspoonful of Honesty & Truth yourself, sometimes. Compassion doesn't... and certainly shouldn't... cost money.
Least of all to those who had nothing to with what happened whatsoever.
Poor old Melvin. Always on the outside looking in...or is it the other way around from the secure ward?
I'm with Tatty re opening hours. let's also not forget the constant hazard of 24 hour shelf filling and home delivery selection - customers are made to feel as if THEY are in the way at times.
Is there no such thing as an 'accident' anymore?
You know, when something bad happens, but it is nobody's fault?
How this could possibly be worth 40 years worth of wages of the average working man I'll never know.
XX
ranter said...
Poor old Melvin. Always on the outside looking in.. XX
"Always on the outsidea always looking in."
"Joey" Bob Dylan.
What made thme ever want to blow him away?
Ich bin thme Furor, yuo Scottish imbicile.
Ragnar von Streuth
Irrenhaus des Berges
Von Battenberg-Pußy.
It appears the film 'Idiocracy' is looking to be prophetic.
Ranter - "customers are made to feel as if THEY are in the way at times.
I've apologised many a time for being in the way of some poor soul trying to navigate a huge trolley load of stock around a shop floor full of people and said "I dunno, you could do your job if it weren't for the bloody customers."
Then we both laugh. As you do.
Just wait till you trip over something and break your hip etc. You wont be so sanctimonious then.
"Just wait till you trip over something and break your hip etc. You wont be so sanctimonious then."
No. I'd probably hope no one was looking and crawl away quietly. I wouldn't dream of profiting from someone's misfortune... even my own.
"I suspect that it's not worth Morrisons appealing to the Supreme Court on this one since the same brain-dead loonies sit on the bench there also."
Sadly, I suspect you're right.
"Once upon a time shops closed at lunchtime and 5 o clock. Plenty of time to stock shelves when there's no customers in the shop."
Good point. As ranter points out, it's the downside of 24 hour shopping.
"While the system clearly means well, sadly, we're designing a world for the stupid and irresponsible."
Yup, as ivan notes, we're heading for 'Idiocracy' at warp speed.
"Is there no such thing as an 'accident' anymore?"
Oh, good lord no! Not since 'no win, no fee'...
"Just wait till you trip over something and break your hip etc. You wont be so sanctimonious then."
Sure I will! I only need my fingers to type, after all.. :)
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