Child injured on dodgy childseat in supermarket trolley

[rory22]

Hi, looking for advice on behalf of a friend who was shopping with her 16 month old in a well-known supermarket. She put the child in the childseat of an empty trolley and set off shopping. But unbeknownsnt to her the seat was dodgy and collapsed almost immediately, sending the child flying backwards and hitting her head a the bottom of the trolley. My friend was understandably frantic that the child would have a concussion and wasn't sure what to do, but some passersbys who'd seen what happened, called to the nearby checkout for some assistance.
However, the staff ignored this request and nobody at all from the store came to see what the fuss was about, let alone offer assistance.
My friend left without speaking to management - again she was more ultimately concerned about getting the child to a doctor - but I strongly feel that management or at least a senior member of staff should have provided some assistance or at least taken an interest.

Is it possible that by ignoring the situation management were avoiding responsibility? Surely they have a duty of care to ensure that their trolleys are safe - especially for children? I've advised my friend to go back and try and see someone from management today but what are her rights in this situation - do the store have some liability here?
Thanks in advance

 

[Staples]

I've advised my friend to go back and try and see someone from management today but what are her rights in this situation - do the store have some liability

Liability for what? Did the doctor confirm that the child suffered injuries? If so, the supermarket would be liable for whatever medical costs were incurred in the child's treatment.

If no injuries were sufered, I think your friend should at least report the matter to the supermarket and seek their assurances that in future all trollies are fit for purpose. As you've indicated, they have a duty of care in this regard and should be seriously concerned with the potential of their trollies to cause injury, especially to children.

She should also let it be known that she less than impressed with the supermarket's handling of the incident. She should also consider advising the Supermarket's Head Office.

 

[rory22]

Yes, she did suffer injuries, she got a right whack at the back of the head and the doctor advised to keep an eye on her for any vomiting, serious signs of concussion etc which apparently isn't immediately evident etc (not sure as I don't have kids!) Needless to say my friend was very upset that it happened in the first place, let alone being ignored by the shop that caused it.

Good advice to report to HO, thank you.

 

[Mpsox]

She should report the accident to the supermarket management and if she took the child to the doctor, she should also ask the management to ensure the accident is reported to the Health and Safety Authority. If they refuse to do that or are being extremley unhelpful, I'd suggest she reports it herself to the HSA.

 

[ophelia]

Your friend should definitly write a letter to the store manager, explaining what happened and a synopsis of the medical details. She should keep all receipts for medical care, prescription or taxi. When my son was two he walked into a metal clothes stand that was sticking out at his eye level. He got a bad abrasion on his cornea which was very scary at the time as I could see a blob of jelly on his eye. I reported the accident to customer service BEFORE I left the store and got med report and all receipts for the incident. The store reimbursed me for expenses without prejudice and I was happy with that. I was even happier that my son wasn't blinded. I was pretty mad though to see the same metal object sticking out in the same place weeks, months and years later! Some people never learn.