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phone damaged during making an order at kfc

£0.00 @ kfc
Hi guys, I need some help. I just went to KFC drive through made an order and the cashier asked for my phone to scan my Barcode for the KFC app, I put my hand out with my phone and she hit the phone b… Read More
sexgod Avatar
1m, 2w agoPosted 1 month, 2 weeks ago
Hi guys, I need some help. I just went to KFC drive through made an order and the cashier asked for my phone to scan my Barcode for the KFC app, I put my hand out with my phone and she hit the phone by accident out of my hand. It landed on the screen and cracked my screen. I asked to speak to a manager and he said said "hes sorry and accident happens". Where do I stand here? What rights do I have or anywher I can go to get some sort of compensation? The screen alone costs around 200 to replace as it's the Samsung so edge.
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sexgod Avatar
1m, 2w agoPosted 1 month, 2 weeks ago
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Top Responses

(1)
sexgod
Guys come on when I am handing a phone over i am not going to have a tight grip if she is taking it out of my hand...
I am not a dodgy person as some are making me out to be, this is why I am here to know what options I have. The screen had no cracks, I have contacted KFC hq and they will investigate it, can take upto 28 days. Till then I guess I have no other options but to wait :(

I wish you all the best and genuinely hope they show a bit of compassion - I don't fancy your chances though.

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#1
Frankly they'd be inundated with people throwing their phone on the floor and trying to claim. Accidents happen, she wasn't holding your phone, you were. Unless she manhandled it out of your hand it's no one's 'fault'
#2
Your word against hers I guess . I'm sure she can easily afford the £200 out of the massive wages they get paid at those places oO

Edited By: rogparki on May 11, 2017 18:06
#3
Should have had a better grip of it... accidents do happen unfortunately.
#4
Yes accidents happen but why should you be out of pocket. I would seek legal advise with Citizens advise.These companies have public liability insurance so Im sure they are covered for accidents on the premises.
#5
rogparki
Your word against hers I guess . I'm sure she can easily afford the £200 out of the massive wages they paid at those places oO

I`m sure hes expecting the multi billionaire company to pay for the repairs not the girl on minimum wage.
#6
rhinopaul
Yes accidents happen but why should you be out of pocket. I would seek legal advise with Citizens advise.These companies have public liability insurance so Im sure they are covered for accidents on the premises.
Citizens advice? Wouldn't waste your time.
#7
I read an article a few months ago in the evening standard about a guy that threatened to sue the London underground as the doors closed and his phone was in his pocket. the screen smashed and he got a new phone out of it.
#8
ipswich78
rhinopaul
Yes accidents happen but why should you be out of pocket. I would seek legal advise with Citizens advise.These companies have public liability insurance so Im sure they are covered for accidents on the premises.
Citizens advice? Wouldn't waste your time.
Well, theyve saved me a few grand in the past albeit a long time ago.I'm guessing not so fortunate for you then.
#9
I would take photos of the phone, record the date and time and keep the receipt of you can and then once repaired send all that along with the receipt for repair and send an official complaint to the head office.
#10
maybe tell them you're happy to have the funds in the form of a KFC gift card... ? oO
#11
De minimis non curat lex.
#12
rhinopaul
Yes accidents happen but why should you be out of pocket. I would seek legal advise with Citizens advise.These companies have public liability insurance so Im sure they are covered for accidents on the premises.
This is the problem today, everyone is in a "where there's blame, there's a claim" attitude.

How would the staff at KFC know that the phone didn't already have a cracked screen? Anyone could try that and ask them to pay for the damage.
#13
Why not use HUKDs favourite cover all insurance ? Good old Section 75 if you paid for your obesity fix by credit card ?
#14
Where do you stand legally? Nowhere I would think. There is 0 proof that what you are saying is true.

If it were me, I'd contact their corporate headquarters and explain what happened. Make clear that you attach no blame to the girl and don't want her to pay out of her own pocket.

I think if you are decent about it, they may do something for you. Clearly just one of those things.

I would also collect as much evidence as possible! Write down exactly what happened including dates and times before you forget!

Hope you get it sorted. Shame it's such a pricey accident!
#15
majestic2012
De minimis non curat lex.
Your very privileged if you feel £200 is insignificant.
#16
Its a bad idea this app, surely it illegal to use the app with engine running anyway?
#17
JohnnyRoller
rhinopaul
Yes accidents happen but why should you be out of pocket. I would seek legal advise with Citizens advise.These companies have public liability insurance so Im sure they are covered for accidents on the premises.
This is the problem today, everyone is in a "where there's blame, there's a claim" attitude.
How would the staff at KFC know that the phone didn't already have a cracked screen? Anyone could try that and ask them to pay for the damage.
You could apply that scenario to every other accidents in life then. what if a car hit you, its still an accident although referred to as an incident these days . Should you not claim, how would the 3rd party know if your car didnt already have damage. thats why there is insurance and companies have liability insurance which covers property.
#18
Guys come on when I am handing a phone over i am not going to have a tight grip if she is taking it out of my hand...
I am not a dodgy person as some are making me out to be, this is why I am here to know what options I have. The screen had no cracks, I have contacted KFC hq and they will investigate it, can take upto 28 days. Till then I guess I have no other options but to wait :(
#19
developers
majestic2012
De minimis non curat lex.
Your very privileged if you feel £200 is insignificant.
Those who have the privilege to know have the duty to act, friend

You're welcome.
#20
Wow.

That's unlucky.

A broken phone and then having to eat KFC afterwards.

Talk about kicking a man when he's down.
#21
you shouldn't have to use your phone for everything anyway
#22
sexgod
Guys come on when I am handing a phone over i am not going to have a tight grip if she is taking it out of my hand...
I am not a dodgy person as some are making me out to be, this is why I am here to know what options I have. The screen had no cracks, I have contacted KFC hq and they will investigate it, can take upto 28 days. Till then I guess I have no other options but to wait :(

I wish you all the best and genuinely hope they show a bit of compassion - I don't fancy your chances though.
#23
sexgod
Guys come on when I am handing a phone over i am not going to have a tight grip if she is taking it out of my hand...
I am not a dodgy person as some are making me out to be, this is why I am here to know what options I have. The screen had no cracks, I have contacted KFC hq and they will investigate it, can take upto 28 days. Till then I guess I have no other options but to wait :(


Yes I agree with you you were asked for your phone kfc should have a system in place which doesn't require them to touch your phone. like someone has earlier pointed out it probably is against the law if your engines running. As a company they should cover all your costs. good luck
#24
lindus
you shouldn't have to use your phone for everything anyway


Thanks mate I appreciate your support
#25
Apply for a new phone insurance and make a claim after a month. Or take bank account with phone insurance... everything could happen.
#26
Sainsbury's fuel near me won't scan your phone if you haven't got a reward card for this reason, KFC do a card as well.
#27
Ok I have just asked my 8 year old son this question, now 8 year olds are not judgemental so his answer as I quoute... " it is the ladies fault as he was hading his phone to her!" Anyway they have cctv so this should be recorded but please be aware that depending how their cctv is stored it may only be available for 30 days. I'd seek legal advice as I know I would not be able to afford 200 quid for a screen especially if it wasnt my fault. I can understand accidents happen but KFC should be insured for any eventuallity, push for the cctv footage.
#28
If there is CCTV there's a max fee of £10 for a subject access request to obtain the footage from the CCTV operator. ICO website has sample request letter I believe.
#29
rhinopaul
JohnnyRoller
rhinopaul
Yes accidents happen but why should you be out of pocket. I would seek legal advise with Citizens advise.These companies have public liability insurance so Im sure they are covered for accidents on the premises.
This is the problem today, everyone is in a "where there's blame, there's a claim" attitude.
How would the staff at KFC know that the phone didn't already have a cracked screen? Anyone could try that and ask them to pay for the damage.
You could apply that scenario to every other accidents in life then. what if a car hit you, its still an accident although referred to as an incident these days . Should you not claim, how would the 3rd party know if your car didnt already have damage. thats why there is insurance and companies have liability insurance which covers property.


they do have a plastic card to collect points in addition to the app
#30
I sometimes wonder if it's just me that avoids these issues by never giving my phone to anyone else.
#31
Hi pal I asked for cctv but they said it was private so they are not allowed to show it to me
#32
majestic2012
De minimis non curat lex.

where there's blame, there's a claim - sod the law doesn't bother itself with trivial things - never met a layer or solicitor who thought that yet ...
#33
Very unfortunate, similar situation happened to me, I was on my phone and a colleague tapped me well smacked me hard on the back and says 'whats up', mobile goes flying out of my hand and screen gets smashed. He didn't see the mobile in my hand so let him off.
#34
they should pay, I would of put hand brake on and sat in drive thru. They would be insured for accidental damage anyway, they're a business.

if someone carelessly drives into you they pay, how is someone carelessly knocking it out your hand any different?

and saying sorry, accidents happen is not good enough.
#35
Op, you made the mistake of driving off, I would have gone in the store, got the manager to file a report then ask for the area mangers contact details, then take it from there. I would think now it's their word against yours,
#36
westy125
Op, you made the mistake of driving off, I would have gone in the store, got the manager to file a report then ask for the area mangers contact details, then take it from there. I would think now it's their word against yours,


Westy I have got the details of the store manager and taking up with him tomorrow also logged a complaint with KFC hq.
#37
if they have your image on cctv they are obliged to supply the footage if your image is electronically captured they can however request a proportionate cost to supply it on disc or time to retrieve it
#38
sexgod
westy125
Op, you made the mistake of driving off, I would have gone in the store, got the manager to file a report then ask for the area mangers contact details, then take it from there. I would think now it's their word against yours,


Westy I have got the details of the store manager and taking up with him tomorrow also logged a complaint with KFC hq.


One problem no one had brought up.. contacting KFC will probably prove fruitless as most KFC sites are franchises. They will just send you back to the actual owners. I wish you luck.
#39
_JR
majestic2012
De minimis non curat lex.
where there's blame, there's a claim - sod the law doesn't bother itself with trivial things - never met a layer or solicitor who thought that yet ...
When there's blame from a party there's also burden of proof.

Without this it wouldn't even make it into a small claims court.
#40
KFC have public liability insurance to cover this, let's not forget this. It's not the woman who will be paying, as she's employed and covered by the franchises insurance which they legally are required to have.

Speak to a manager again, tell them you're intending to make a claim, write it formally.

Wait for the insurers to be in touch.
Record your account as much as possible, witnesses etc (which you probably don't have).

But if you think it's an easy process it's not, they have to weed out the "trying it on".

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