Shiny a question for you

andypont · Post by **andypont** » Wed May 01, 2013 9:51 pm

I would have been one of the 8. They should include the photo of it being used with the packaging.

Post by **Gayno** » Wed May 01, 2013 9:52 pm

Here we go Paul, Rach has had a look through the policy document (for "Standard Cover" policies) on Tesco's website:

The actual legal expenses insurance is underwritten by Ageas, so as far as Rach can see there is nothing in the policy document to say that you can't bring an action against Tesco, apart from if it's in relation to the cover provided (ie, "my claim has been declined")

I would assume whether the claim would be covered would be down to the prospects and whether you have more than a 50% chance of success. However, this is just Rach's interpretation and she suggests logging a claim with the legal expenses provider.

Hope this helps, let me know if you need any more help

Post by **paul bristol uk** » Wed May 01, 2013 10:09 pm

Thankyou and thank Rach for her time and effort.

Shiny · Post by **Shiny** » Wed May 01, 2013 10:34 pm

I'll have a proper read in the morning Paul when sober, but yes you can sue tesco retail using your tesco legal expenses policy.

This comes under "conflicts of interest" and is a big thing with the FSA, tesco would (or should) have addressed this issue already and have measures in place to ensure that there is no COI in these type of instances.

Post by **paul bristol uk** » Wed May 01, 2013 11:31 pm

Thanks Shiny, I will await your sober reply,I am going in the other direction at the moment with Aldi Highland something or another!

Shiny · Post by **Shiny** » Fri May 03, 2013 10:01 am

Just had a read through. First off, you contract was with Tesco, the retailer. Any claim for injury as a result of the product is brought by you against Tesco. They should have Product Liability Insurance in force and the Insurers will likely pass the claim on to the wholesaler, who in turn will pass it on to the manufacturer.

The manufacturer could be some dodgy establishment in India or China, this doesn't matter, you claim is against Tesco, it is up to them to seek recourse.

First step will be your Household Legal Expenses policy. As mentioned, they have to think there is a good prospect of success to take the case on. This is actually the same with all solicitors etc, if your Household LE thinks there will be a poor prospect of recovery, then there will be a poor prospect of recovery no matter who you use. The no win no fee people may be more keen (because often they are sharks), but this doesn't change your prospect of recovery so you will need the ATE insurance cover.

Were you using it as a door mat? Looking at the picture and the description is seems to be more of a thing for scraping boots than a welcome mat type thing. It does say "non-slip - N" so they have stated that it is not a non-slip mat.

You may struggle, but usually in court (if it goes that far) judges tend to favour the injured member of public as opposed to the multi million pound corporate retailer. They may also decide partial liability in which case partial payment will be made for injury compensation.

Post by **paul bristol uk** » Tue May 07, 2013 5:08 am

Thanks Shiny, somehow I missed your kind reply til now. I will digest it. The mat did not slip but bent upwards. It was used as a door mat as shown in the picture and misdescribed as a snow mat not as a boot scraper door mat as the manufacturer sold it to Tesco. Even they say it can be dangerous if used the wrong way up(I have a copy of their report saying this) as the user perception of the height and its ability to rise up on the opposite side to the first foot being put on it can cause a trip.

BTW my wife has snapped the tendons or ligaments in her shoulder so its a long and painfull wait for the imflamation to go down and then surgery to sew it all back together! Nights are worst for pain as lying down causes restricted blood flow., hence mt posting at this time in the morning.