Customer Injury Caused By A Defective Airline On A Supermarket Petrol Station Forecourt

We answer a site visitor’s question concerning an injury caused by a defective airline at a supermarket petrol station forecourt.

Defective Airline Petrol Station Forecourt Accident Description

My husband and I were at a supermarket petrol station. We had just filled the car up and decided to blow up our tyres using the forecourt airline.

Injury whilst blowing car tyres up

My husband put the money in and started to use the air hose. However, it was so powerful that it whipped up taking his legs away causing him to fall heavily onto the ground.

His wrist and hand immediately started to swell up. Therefore, we immediately went straight into the petrol station shop to report the matter.

Petrol station employee admission

A young man was serving and apologized saying that there was a problem with the airline and a notice was meant to have been put up warning customers not to use it.

Accident book entry and hospital attendance

He made a note in the accident book and I drove him straight to hospital.

My husband was diagnosed with a fractured wrist and broken bone in his hand.

How would we go about making a claim for injuries sustained due to the defective airline on the forecourt at the petrol station?

ANSWER – Petrol Station Forecourt Airline Equipment Failure

Looking at the circumstances you describe:

Defect accepted by petrol station staff

It seems very clear that there was a defect with the airline machine due to the excessive power.

In addition – a recognised problem was the airline was accepted by the member of staff in the supermarket petrol station shop.

Petrol station accident book entry

The accident and presumably the circumstances were recorded in the accident book. This will prove vital evidence in confirming that teh accident happened as described.

Importance of securing evidence including CCTV

Still – should a dispute arise any CCTV evidence of the accident at the petrol station will prove invaluable.

Therefore. a sensible approach would be for a solicitor acting on your husband’s behalf to secure the CCTV footage that most supermarket petrol stations will have/

Accessing the petrol station’s records

The petrol station should have records of the airline defect. In addition – the steps taken to eliminate danger to customers and to remedy teh defect.

These records can be accessed by your solicitor as part of the claim.

For example – the accident book entry that you had the supermarket employee make is an important record of the accident events.

Proving injuries to support your petrol station accident claim

The fact that you attended hospital with your husband immediately will help show that the injuries were as a direct result of the accident. Although – an independent medical expert report will also be necessary.

Types of compensation you can claim in a petrol station accident

The petrol station accident claim would be made against the supermarket for primarily two types of compensation.

Firstly. pain and suffering (general damages) for the injuries your husband sustained.

Secondly, costs and expenses (special damages) for financial loss as a direct result of his injuries.

Insurers of petrol station given opportunity to accept liability

A solicitor will contact the supermarket (as the petrol station owner) and their insurers to see if they will accept liability. If fault is not accepted your solicitor will need to prove that the air-line was defective and the accident happened as your husband alleges. Some of the evidence necessary to prove this has been set out earlier.

Instructing an independent medical expert

In addition – your solicitor will instruct an independent medical expert to produce a medico-legal report setting out all of your husband’s injuries (fractured wrist and broken hand) as a result of the defective airline petrol station accident.

The medical expert will examine your husband and have access to his hospital & GP notes, x-rays, etc.

The report will describe the extent of the injuries coupled with a prognosis setting out how long it will take your husband to recover. If not a full recovery, then the expert will describe any form of residual disability that might remain.

It is important to note that you have described a fractured wrist and hand.

This medical report will form the basis of calculation of the compensation for pain and suffering.

Keep a diary of symptoms experienced

There may however be further symptoms that develop. Therefore, it is important to keep a diary of symptoms.

Record of financial loss / expense with supporting receipts

Your husband should keep a note of all his financial loss and expense together with receipts. Examples include – lost income, medical expenses, travel expenses to the hospital/GP, car and assistance in the home.

See our article – financial loss and expense in a personal injury claim for more details.

Attempt to agree compensation amount for your personal injury claim

All this evidence is then put to the supermarket’s insurer to see if a compensation sum can be agreed.

Issue your petrol station accident claim at court if no agreement can be made

If either liability is denied for your petrol station airline accident or quantum cannot be agreed for the injuries you sustained – your solicitor will issue the claim at court. The court will determine if the supermarket petrol station was legally at fault. In addition – the court will decide how much compensation should be awarded.

FREE Legal Help

Choose from our free legal help – by telephone and online options. You can call direct to our solicitors to to discuss you petrol station defective airline accident.