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Do you know about the hidden danger of home deliveries?

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Online shopper is being sued by Asda delivery driver An online shopper is being sued by an Asda delivery driver who claims he was injured while dropping off his order. Brian Thompson, of Wes… Read More
MrScotchBonnet Avatar
banned2m, 1w agoPosted 2 months, 1 week ago
Online shopper is being sued by Asda delivery driver

https://metrouk2.files.wordpress.com/2017/02/ad_234689630-e1486980633435.jpg?quality=80&strip=all&strip=all

An online shopper is being sued by an Asda delivery driver who claims he was injured while dropping off his order.

Brian Thompson, of West Denton Park, Newcastle, said he took his delivery from Asda in Benton and thought nothing more of it.

But a couple of weeks later he received a solicitor’s letter claiming the driver injured his thumb and wrist on his property, despite not saying anything at the time.
In a panic, Mr Thompson contacted the Asda branch and a member of staff allegedly reassured him they would deal with it.
‘Unfortunately that seems not to be the case. It now seems the guy who informed me that they would take care of it no longer works there,’ he said.

Thompson said he has no idea how the driver was injured and threats of legal action have left him worried.
He said: ‘I don’t really know what happened. The driver parked his van, loaded the trolley, and maybe the wheel fell off, I don’t know.

‘It’s the way we are living right now that a simple delivery of food could result in threats of legal action.
‘Asda say he filled out an accident form on the day it happened but I was not aware of that at the time.’
Now Thompson said he is still receiving letters from the solicitors and wants to warn other people of the dangers of online shopping.

A spokesman for Asda said: ‘Our home shopping drivers complete an extensive training programme that includes clear instructions on how to safely deliver our customers’ shopping.
‘Whilst we cannot comment on individual cases or on-going legal matters we will always do our best to reach a resolution with all parties involved.
‘However, if individuals take independent advice and choose to pursue a matter they are legally entitled to, we cannot influence their actions.’

http://metro.co.uk/2017/02/13/online-shopper-is-being-sued-by-asda-delivery-driver-6444974/
MrScotchBonnet Avatar
banned2m, 1w agoPosted 2 months, 1 week ago
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banned 4 Likes #1
The old fashioned answer would be "Why didn't you look where you were **** well going?". Not in today's ambulance chasing society though, always someone else to blame.
suspended 7 Likes #2
If the delivery driver is employed by ASDA, then their Employer's Liability Insurance will cover the injury.

If the delivery driver is self-employed, or a temporary contract-based driver, he should have his own insurance cover in place, & ASDA should have checked this in advance of any deliveries taking place.
2 Likes #3
No mention of how he actually injured himself so I wonder what the driver is claiming happened.. the fact he didn't make the defendant aware of any injury makes it seem very suspicious.
2 Likes #4
Person I know had a small claim made against them by a postman who slipped down his steps as they walked down them to deliver the mail. Pretty sure the postman won as well and had a payout from the guy's home insurance. Madness!
1 Like #5
fanpages
If the delivery driver is employed by ASDA, then their Employer's Liability Insurance will cover the injury.

If the delivery driver is self-employed, or a temporary contract-based driver, he should have his own insurance cover in place, & ASDA should have checked this in advance of any deliveries taking place.


Depends though, if the guy claims he slipped on ice etc on his property I think that makes him liable.. could be wrong though
banned 3 Likes #6
fanpages
If the delivery driver is employed by ASDA, then their Employer's Liability Insurance will cover the injury.
If the delivery driver is self-employed, or a temporary contract-based driver, he should have his own insurance cover in place, & ASDA should have checked this in advance of any deliveries taking place.

This is the bit I don't get:

‘Whilst we cannot comment on individual cases or on-going legal matters we will always do our best to reach a resolution with all parties involved.
‘However, if individuals take independent advice and choose to pursue a matter they are legally entitled to, we cannot influence their actions.’


So it seems ASDA don't really know how to handle it either!
4 Likes #7
Do him for trespassing.
1 Like #8
fanpages
If the delivery driver is employed by ASDA, then their Employer's Liability Insurance will cover the injury.

If the delivery driver is self-employed, or a temporary contract-based driver, he should have his own insurance cover in place, & ASDA should have checked this in advance of any deliveries taking place.


Incorrect, Each supermarkets insurance covers them to the boundaries of the delivery address. So the customer or company is liable for any accidents caused on their or by their land. So in this case the driver has to file a claim privately.
1 Like #9
RAFAVDV
Do him for trespassing.


This ^
1 Like #10
You are liable for ensuring your property is safe for deliveries. You are aware that people will be accessing your land legally. Just like Asda would be on the hook if you stepped into a big pothole you didn't spot and broke your ankle, so are you if the situation is reversed.

That said, the fact he's claiming off of a lawyer-less individual rather than his employers suggests he's looking for an easy payout. He and his legal firm are betting that he'll settle. If he had a good case, he'd go after the company with the deep pockets.

Get a public defender, file a claim of Vexatious litigation against the law firm and it'll quickly disappear. They're not going to spend hundreds of hours and risk a damaging court order for a 5 figure payout.
2 Likes #11
More sad Americanisation of the UK. :(

What if the property is rented? Would it be the occupier or owner who would be liable.

Massive grey area and delivery driver should be told to man the f up and get on with it!
banned 1 Like #12
abigsmurf
You are liable for ensuring your property is safe for deliveries. You are aware that people will be accessing your land legally. Just like Asda would be on the hook if you stepped into a big pothole you didn't spot and broke your ankle, so are you if the situation is reversed.
That said, the fact he's claiming off of a lawyer-less individual rather than his employers suggests he's looking for an easy payout. He and his legal firm are betting that he'll settle. If he had a good case, he'd go after the company with the deep pockets.
Get a public defender, file a claim of Vexatious litigation against the law firm and it'll quickly disappear. They're not going to spend hundreds of hours and risk a damaging court order for a 5 figure payout.

What company?
2 Likes #13
No such thing as an accident any more, straight to solicitor's to claim.
1 Like #14
MrScotchBonnet

What company?

You'd name Asda as a joint defendant. It would be very hard for them to shirk responsibility ("we felt pressured to always deliver your honour, even when it wasn't safe! They failed in their duty of care!"). If the case had merit, Asda would only be able to argue that they weren't responsible so you'd have nothing to lose going after the company that could pay six figures (and chances are they'd settle to avoid bad publicity).

If the case was without merit Asda would be able to get the whole thing dismissed with their army of lawyers.
2 Likes #15
abigsmurf
You are liable for ensuring your property is safe for deliveries. You are aware that people will be accessing your land legally. Just like Asda would be on the hook if you stepped into a big pothole you didn't spot and broke your ankle, so are you if the situation is reversed.
That said, the fact he's claiming off of a lawyer-less individual rather than his employers suggests he's looking for an easy payout. He and his legal firm are betting that he'll settle. If he had a good case, he'd go after the company with the deep pockets.
Get a public defender, file a claim of Vexatious litigation against the law firm and it'll quickly disappear. They're not going to spend hundreds of hours and risk a damaging court order for a 5 figure payout.

But how do you ensure it is safe in terms of hurting his thumb or wrist?! His job entails he lifts boxes of produce from a trolly or a van onto your property.. You don't touch him and neither of those parts of him touch your property.. They are just on it when it happens... Give him a wrist restraint and gloves before he comes near your house?!! Or should every house have health and safety signs, mind the step etc all over, for the once a week a delivery driver comes over..

Also how does he prove it happened on the persons property and not when he was lifting them from his van? In my case the driver would have to carry it from public parking outside over public pathway before he got to my property.

Fair enough if you have a painter in and he falls through the floor or something like that, but this is just ridiculous




Edited By: winifer on Feb 13, 2017 15:40: .
1 Like #16
Fake News!
suspended 1 Like #17
fanpages
If the delivery driver is employed by ASDA, then their Employer's Liability Insurance will cover the injury.

If the delivery driver is self-employed, or a temporary contract-based driver, he should have his own insurance cover in place, & ASDA should have checked this in advance of any deliveries taking place.
Marchant91
Incorrect, Each supermarkets insurance covers them to the boundaries of the delivery address. So the customer or company is liable for any accidents caused on their or by their land. So in this case the driver has to file a claim privately.

Are you involved within the Insurance industry, do you work for a supermarket, or are you (or have you been) a driver with a(n employment) contract that states this condition explicitly?

As I am sure you are aware, Employer's Liability Insurance covers compensation claims (for illness &/or injury) from an employee during the pursuit of their duties/sustained as a result of their employment (whilst engaged in activities for the employer).

If there is a restriction to cover at the boundary, presumably, where the public right of way crosses the customer's property, such as a drive, or path, then should customers be asking delivery drivers to produce their own insurance policy documents as soon as the threshold is crossed?

No, that is not practical.

If an injury was sustained to the driver, the driver could, for example, claim against their employer, & the employer would their counter-claim against their customer.

...or...

The driver, if not self-employed/temporary contract staff, would simply stand at the outskirts of the property & ask the customer to collect the items from outside of their property boundary.

(This is one of the reasons I never let home-delivery drivers through the front door; they always deliver outside & I carry the shopping from there)

If the driver wins this case, this will change many people's attitudes towards supermarket deliveries to their home/place of work.
1 Like #18
winifer
But how do you ensure it is safe in terms of hurting his thumb or wrist?! His job entails he lifts boxes of produce from a trolly or a van onto your property.. You don't touch him and neither of those parts of him touch your property.. They are just on it when it happens... Give him a wrist restraint and gloves before he comes near your house?!!
Also how does he prove it happened on the persons property and not when he was lifting them from his van? In my case the driver would have to carry it from public parking outside over public pathway before he got to my property.
Fair enough if you have a painter in and he falls through the floor or something like that, but this is just ridiculous

The complain is vague and probably garbage but plenty of ways you could cut your finger going about your duty; opening the gate and cutting it on some jagged metal, brushing up against something sharp in a narrow pathway, falling over and putting your hand out to break the fall.

Proving it happened on the property? Civil cases are balance of probability, not beyond reasonable doubt, it's unfortunately up to the defendant to show it didn't happen (and negative proofs are often very difficult). If the accident and injury was documented properly, you're not going to catch him on that unless there is anything provably false.
1 Like #19
fanpages
fanpages
If the delivery driver is employed by ASDA, then their Employer's Liability Insurance will cover the injury.

If the delivery driver is self-employed, or a temporary contract-based driver, he should have his own insurance cover in place, & ASDA should have checked this in advance of any deliveries taking place.
Marchant91
Incorrect, Each supermarkets insurance covers them to the boundaries of the delivery address. So the customer or company is liable for any accidents caused on their or by their land. So in this case the driver has to file a claim privately.

Are you involved within the Insurance industry, do you work for a supermarket, or are you (or have you been) a driver with a(n employment) contract that states this condition explicitly?

As I am sure you are aware, Employer's Liability Insurance covers compensation claims (for illness &/or injury) from an employee during the pursuit of their duties/sustained as a result of their employment (whilst engaged in activities for the employer).

If there is a restriction to cover at the boundary, presumably, where the public right of way crosses the customer's property, such as a drive, or path, then should customers be asking delivery drivers to produce their own insurance policy documents as soon as the threshold is crossed?

No, that is not practical.

If an injury was sustained to the driver, the driver could, for example, claim against their employer, & the employer would their counter-claim against their customer.

...or...

The driver, if not self-employed/temporary contract staff, would simply stand at the outskirts of the property & ask the customer to collect the items from outside of their property boundary.

(This is one of the reasons I never let home-delivery drivers through the front door; they always deliver outside & I carry the shopping from there)

If the driver wins this case, this will change many people's attitudes towards supermarket deliveries to their home/place of work.


I am involved (and have been) in one of those but not going to state which.
supermarkets Liability insurance will not cover private property. it will only cover the work place which would be the store and the van.

Once you order from a supermarket you enter into a contract and agree to the terms and conditions of that contract. Every supermarket driver can refuse to deliver to a property if they have risk assesed it and feel it's unsafe. Or Just deliver to the entrance of the property, House door, or block of flats main entrance etc.
3 Likes #20
Marchant91
fanpages
fanpages
If the delivery driver is employed by ASDA, then their Employer's Liability Insurance will cover the injury.
If the delivery driver is self-employed, or a temporary contract-based driver, he should have his own insurance cover in place, & ASDA should have checked this in advance of any deliveries taking place.
Marchant91
Incorrect, Each supermarkets insurance covers them to the boundaries of the delivery address. So the customer or company is liable for any accidents caused on their or by their land. So in this case the driver has to file a claim privately.
Are you involved within the Insurance industry, do you work for a supermarket, or are you (or have you been) a driver with a(n employment) contract that states this condition explicitly?
As I am sure you are aware, Employer's Liability Insurance covers compensation claims (for illness &/or injury) from an employee during the pursuit of their duties/sustained as a result of their employment (whilst engaged in activities for the employer).
If there is a restriction to cover at the boundary, presumably, where the public right of way crosses the customer's property, such as a drive, or path, then should customers be asking delivery drivers to produce their own insurance policy documents as soon as the threshold is crossed?
No, that is not practical.
If an injury was sustained to the driver, the driver could, for example, claim against their employer, & the employer would their counter-claim against their customer.
...or...
The driver, if not self-employed/temporary contract staff, would simply stand at the outskirts of the property & ask the customer to collect the items from outside of their property boundary.
(This is one of the reasons I never let home-delivery drivers through the front door; they always deliver outside & I carry the shopping from there)
If the driver wins this case, this will change many people's attitudes towards supermarket deliveries to their home/place of work.
I am involved (and have been) in one of those but not going to state which.

It's you suing poor Brian isn't it :(
1 Like #21
jax619
Marchant91
fanpages
fanpages
If the delivery driver is employed by ASDA, then their Employer's Liability Insurance will cover the injury.
If the delivery driver is self-employed, or a temporary contract-based driver, he should have his own insurance cover in place, & ASDA should have checked this in advance of any deliveries taking place.
Marchant91
Incorrect, Each supermarkets insurance covers them to the boundaries of the delivery address. So the customer or company is liable for any accidents caused on their or by their land. So in this case the driver has to file a claim privately.
Are you involved within the Insurance industry, do you work for a supermarket, or are you (or have you been) a driver with a(n employment) contract that states this condition explicitly?
As I am sure you are aware, Employer's Liability Insurance covers compensation claims (for illness &/or injury) from an employee during the pursuit of their duties/sustained as a result of their employment (whilst engaged in activities for the employer).
If there is a restriction to cover at the boundary, presumably, where the public right of way crosses the customer's property, such as a drive, or path, then should customers be asking delivery drivers to produce their own insurance policy documents as soon as the threshold is crossed?
No, that is not practical.
If an injury was sustained to the driver, the driver could, for example, claim against their employer, & the employer would their counter-claim against their customer.
...or...
The driver, if not self-employed/temporary contract staff, would simply stand at the outskirts of the property & ask the customer to collect the items from outside of their property boundary.
(This is one of the reasons I never let home-delivery drivers through the front door; they always deliver outside & I carry the shopping from there)
If the driver wins this case, this will change many people's attitudes towards supermarket deliveries to their home/place of work.
I am involved (and have been) in one of those but not going to state which.

It's you suing poor Brian isn't it :(


It isn't, but I could do with the money to gut out the bathroom..
suspended 1 Like #22
fanpages
If the delivery driver is employed by ASDA, then their Employer's Liability Insurance will cover the injury.

If the delivery driver is self-employed, or a temporary contract-based driver, he should have his own insurance cover in place, & ASDA should have checked this in advance of any deliveries taking place.
Marchant91
Incorrect, Each supermarkets insurance covers them to the boundaries of the delivery address. So the customer or company is liable for any accidents caused on their or by their land. So in this case the driver has to file a claim privately.
fanpages
Are you involved within the Insurance industry, do you work for a supermarket, or are you (or have you been) a driver with a(n employment) contract that states this condition explicitly?

As I am sure you are aware, Employer's Liability Insurance covers compensation claims (for illness &/or injury) from an employee during the pursuit of their duties/sustained as a result of their employment (whilst engaged in activities for the employer).

If there is a restriction to cover at the boundary, presumably, where the public right of way crosses the customer's property, such as a drive, or path, then should customers be asking delivery drivers to produce their own insurance policy documents as soon as the threshold is crossed?

No, that is not practical.

If an injury was sustained to the driver, the driver could, for example, claim against their employer, & the employer would their counter-claim against their customer.

...or...

The driver, if not self-employed/temporary contract staff, would simply stand at the outskirts of the property & ask the customer to collect the items from outside of their property boundary.

(This is one of the reasons I never let home-delivery drivers through the front door; they always deliver outside & I carry the shopping from there)

If the driver wins this case, this will change many people's attitudes towards supermarket deliveries to their home/place of work.
Marchant91
I am involved (and have been) in one of those but not going to state which.
supermarkets Liability insurance will not cover private property. it will only cover the work place which would be the store and the van.
Once you order from a supermarket you enter into a contract and agree to the terms and conditions of that contract. Every supermarket driver can refuse to deliver to a property if they have risk assesed it and feel it's unsafe. Or Just deliver to the entrance of the property, House door, or block of flats main entrance etc.

Oh... how secretive... like saying which option would identify you personally.

OK, I'll play along...

Does the Employer's Liability Insurance not cover the public highway & rights of way too?

Otherwise, if a driver stumbles on the pavement, for instance, does he or she have to sue the council directly?
1 Like #23
Marchant91
fanpages
fanpages
If the delivery driver is employed by ASDA, then their Employer's Liability Insurance will cover the injury.
If the delivery driver is self-employed, or a temporary contract-based driver, he should have his own insurance cover in place, & ASDA should have checked this in advance of any deliveries taking place.
Marchant91
Incorrect, Each supermarkets insurance covers them to the boundaries of the delivery address. So the customer or company is liable for any accidents caused on their or by their land. So in this case the driver has to file a claim privately.
Are you involved within the Insurance industry, do you work for a supermarket, or are you (or have you been) a driver with a(n employment) contract that states this condition explicitly?
As I am sure you are aware, Employer's Liability Insurance covers compensation claims (for illness &/or injury) from an employee during the pursuit of their duties/sustained as a result of their employment (whilst engaged in activities for the employer).
If there is a restriction to cover at the boundary, presumably, where the public right of way crosses the customer's property, such as a drive, or path, then should customers be asking delivery drivers to produce their own insurance policy documents as soon as the threshold is crossed?
No, that is not practical.
If an injury was sustained to the driver, the driver could, for example, claim against their employer, & the employer would their counter-claim against their customer.
...or...
The driver, if not self-employed/temporary contract staff, would simply stand at the outskirts of the property & ask the customer to collect the items from outside of their property boundary.
(This is one of the reasons I never let home-delivery drivers through the front door; they always deliver outside & I carry the shopping from there)
If the driver wins this case, this will change many people's attitudes towards supermarket deliveries to their home/place of work.
I am involved (and have been) in one of those but not going to state which.
supermarkets Liability insurance will not cover private property. it will only cover the work place which would be the store and the van.
Once you order from a supermarket you enter into a contract and agree to the terms and conditions of that contract. Every supermarket driver can refuse to deliver to a property if they have risk assesed it and feel it's unsafe. Or Just deliver to the entrance of the property, House door, or block of flats main entrance etc.
What about if you have pre-warned the driver? I have a step into my property and always warn the drivers yet some still fall over it after the first box has been brought in!
1 Like #24
Please do, I'm not Donald Trump by the way..

Im not 100% sure employers liability insurance does but I'd guess it does.
1 Like #25
chocci
Marchant91
fanpages
fanpages
If the delivery driver is employed by ASDA, then their Employer's Liability Insurance will cover the injury.
If the delivery driver is self-employed, or a temporary contract-based driver, he should have his own insurance cover in place, & ASDA should have checked this in advance of any deliveries taking place.
Marchant91
Incorrect, Each supermarkets insurance covers them to the boundaries of the delivery address. So the customer or company is liable for any accidents caused on their or by their land. So in this case the driver has to file a claim privately.
Are you involved within the Insurance industry, do you work for a supermarket, or are you (or have you been) a driver with a(n employment) contract that states this condition explicitly?
As I am sure you are aware, Employer's Liability Insurance covers compensation claims (for illness &/or injury) from an employee during the pursuit of their duties/sustained as a result of their employment (whilst engaged in activities for the employer).
If there is a restriction to cover at the boundary, presumably, where the public right of way crosses the customer's property, such as a drive, or path, then should customers be asking delivery drivers to produce their own insurance policy documents as soon as the threshold is crossed?
No, that is not practical.
If an injury was sustained to the driver, the driver could, for example, claim against their employer, & the employer would their counter-claim against their customer.
...or...
The driver, if not self-employed/temporary contract staff, would simply stand at the outskirts of the property & ask the customer to collect the items from outside of their property boundary.
(This is one of the reasons I never let home-delivery drivers through the front door; they always deliver outside & I carry the shopping from there)
If the driver wins this case, this will change many people's attitudes towards supermarket deliveries to their home/place of work.
I am involved (and have been) in one of those but not going to state which.
supermarkets Liability insurance will not cover private property. it will only cover the work place which would be the store and the van.
Once you order from a supermarket you enter into a contract and agree to the terms and conditions of that contract. Every supermarket driver can refuse to deliver to a property if they have risk assesed it and feel it's unsafe. Or Just deliver to the entrance of the property, House door, or block of flats main entrance etc.
What about if you have pre-warned the driver? I have a step into my property and always warn the drivers yet some still fall over it after the first box has been brought in!


If you've told the supermarket then it's up to the employers to tell the driver(s) on a delivery note of some sort.
2 Likes #26
RAFAVDV
Do him for trespassing.

Unfortunately trespassing isnt a criminal offence, and you also cant sue someone for it (well you can, but you wont win)
1 Like #27
Wheres the proof it happened on the property?
If he cant prove it, Then counter-sue him for a fraudulent claim

Edited By: 118luke on Feb 13, 2017 19:44
1 Like #28
hes got to prove it happened as he states , he cant so no case !

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