Store Negligence?

A question about : Store Negligence?

Hi,

I may be posting a topic thats not relevant to this board so apologies if this is the case. Im not sure but I just needed some advice and wanted to know my rights.

I went to a large (chain) store on Monday with my mum, dad and my 14month old daughter.

I entered the front of the store and and wanted to go straight to the 1st floor, so made for the lift. We all got in and about half way going up, the lift got stuck.

The lift alarm didnt work and I had no phone reception. Me and my dad had to pull the doors open and started banging on the doors trying to get someone's attention.

After 45mins, a sales rep finally heard us and called maintenance who got us out after another 10mins.

When I got out, I asked for an accident report book and to speak to the store manager.

Shockingly, the store manager arrived and started having a go at me because I was talking rudely. He refused to help until I stopped behaving in the way I did?!? Admittedly I was upset, more so because my daughter cried after 10mins in there and I had to strip her because it was hot in there, but I didnt swear. What did he expect? A pat on the back?

Anyway, I left and the next day a company customer relations manager called to apologise and offer me a Ј100 gift voucher.

I didnt accept for now but asked for an explanation. They basically admitted blame and said that CCTV shows that we entered the lift, the lift was closed (remotely) for maintenance, and then the maintenance people walked over and cordoned off the area without checking anyone was in there!

I asked for this in writing, but, so far, all replies are apologetic and remind me of the Ј100 on offer, but do not give this account.

I feel they are trying to bring closure on this quickly.

What should I do? Have they been negligent?

I appreciate any help and advice.

Thanks

Best answers:

• Hi wywth,
  Thank you for your reply.
  Two things would be nice. Money (which they have offered) and some kind of complaint against how i was treated by the store manager.
  They said they are aware of how I was treated and apologised for that.
  In terms of money, Am I being shortchanged? Have they been negligent and could I ask for more? Or am I being greedy and out of order? I mean I was only found in there by chance. Its not as if they knew immediately and were trying to get me out for 45mins? It was serious breach of health and safety.
  Maybe I just felt that way because of the effort they have made in apologising and contacting me?
  In terms of my complaint, can I put one in and ask for proof of what is being done? What are my rights with this?
  Thanks again.
• Exactly what are you after?
  You have an apology and a voucher. Did you have any loss of wages, or extra car parking costs above the Ј100?
• I remember being locked in a freight lift at work when I was 17 on Xmas eve. Took 25 minutes to get out, even after pressing the alarm button. I had visions of spending Christmas eating the content of the pallet I had with me (baby food!)
  I'd say Ј100 isn't terrible compensation. You're not injured or suffering anything afterwards. Is your time worth more than Ј100 an hour?
• Why not accept the apology and move on?
  Be thankful no-one was injured and no damage was done.
• Youve had an offer of Ј100 and apology, what exactly is it you want more of.
  Would it help you if they sacked a couple of people, a couple of dads with families to support.
  I sincerely hope this is the worst thing that ever happens in your life.
  But I fear not, lots of other things are going to be sent along lifes pathway, much worse than this.
  You need to get on with it.
• If this had been a breakdown that would be one thing but closing a lift off without checking it was unoccupied IS negligent.
  However; no-one was injured.
  It is possible, however, that Health and Safety laws were breached; it's probable that safe working practices were not followed.
  Whether a court would order higher compensation I don't know. But I would expect them to direct the maintainance team to adopt, and follow, a SWP code in the future.
• accident books are for employee accidents.
  I would take Ј100 myself. Having worked in organisations where lifts have got stuck from time to time, and indeed been stuck in a hotel lift where I received Ј0 in "compensation" (primarily as it never even occurred t ome to ask!) I would think Ј100 is a decent offer
• It's a good offer, and I would take it. There are no injuries so no right to compensation, and even if there was an injury, it is unlikely that the store is negligent as lifts are normally installed and maintained by external contractors.
• Hi All, thanks for the replies.
  What it is I wanted to know was to ensure I wasn't being "shortchanged". Initially I thought nothing of it and would have accepted the apology. I didn't ask for any money. However, when they called with an account of what happened (their negligence), I got annoyed. Coupled with the fact of them insisting on a Ј100, it got me wondering. Hence, why I wanted some advice.
  Its not something that has happened to me before.
  McKneff - Certainly don't want anyone to be sacked for sure. I also make mistakes in my job and work with high profile customers. When I make a mistake, my company do something about it because it can't happen again. I want to know something is being done about it. Who knows, the next time, you might be in the same store and deal with the same manager.
  Mugwump - I asked for an incident report if they had it. Bascially anything where I could record the incident.
  Anyway, thanks all for the advice. I will accept the Ј100.
• It wasn't the store that were negligent, it was the lift engineer who was, for not checking whether the lift was in use before shutting it down.
  I think Ј100 is fair.
  If you do want to complain further though, ask the store who maintains their lift/s and complain direct to the engineers company.
• A cheque for Ј10,000 and the manager to be sacked and reported in the national press as a very bad man.
  It was an accident, you are all OK, move on and shut up!
• I think it may be a touch of female 'drama' here - sorry!
  I remember a few years ago going on a family holiday (Haven caravan holiday) and due to traffic we arrived pretty late and so was close to their offices closing and me not getting my caravan keys.
  The wife was panicking and told me to park up and run to the office and she woul stay in the car with the kids. But, as i left the car, for some reason i locked the car remotely whilst running, locking everyone in the car!!
  Now the wife knew where i was going, knew i would be back shortly, but when i returned 10minutes later, i found several guys trying to smash their way into the car!!
  The wife had panicked, setting the kids off panicking and when i opened the doors she fell out clutching her chest stating that they were all sooo thirsty and thought they were going to die and that they had signalled to other holiday makers that they were in distress - really?
  Anyway, you were stuck in a lift - not nice, you were treated badly by the manager, not nice - suitable action to me would be Ј100 compo (generous) and an apology from the company/manager. Then move on with your life, you have a dinner party story now!!!
• Tell them you will accept the Ј100 as long as it includes a letter of explaination and an apology.
  I think that we need to bear in mind that humans make mistakes and that the engineer should have checked but he didn't so the incident is his fault. If you push for it he may get a warning or a disciplinary on his record. I personally would not want this. He/She does owe you an apology though.
  If your dad had sufferd a heart attack due to exertion trying to get the doors open then obvioulsly there is a major case to answer. In law shoulda/woulda/coulda isn't covered.
• I think podwin didnt read my last post - I said the matter was over. Thanks for your input
  Thanks all.