Tesco delivery driver sues customer after twisting his ankle on driveway

Published 21st Aug 2008

A Tesco delivery driver is suing one of the supermarket's customers after injuring an ankle while dropping off groceries at his home.

Estate agent manager Paul Singleton, 40, has used the company's online shopping facility for years and regularly spends £250 a time.

Last April the delivery man Andrew Britton mentioned he had 'gone over on his ankle', but reassured Mr Singleton he was OK and carried on unloading bags of shopping.

Father-of-two Mr Singleton thought nothing more of the incident and carried on ordering through Tesco's online site. But three months later he received a solicitor's letter informing him Mr Britton, 44, was claiming damages after injuring his ankle on a 'sunken' section of driveway.

To make matters worse, Tesco has refused to get involved or discuss the incident, claiming it was a 'private matter', despite involving a member of its staff allegedly suffering an injury while on duty.

Although his paved drive has a slight slope, the homeowner said it was in good condition.

Mr Singleton has been forced to hire solicitors to handle the claim and faces the prospect of paying out an unspecified compensation sum to the supermarket worker or paying higher insurance premiums if he passes on the claim to his insurance company.

He has spoken out to warn other consumers of the unexpected pitfalls of home delivery. 'People need to be aware that ordering online shopping from Tesco could cost you more than you might think,' he said.

Mr Singleton believes he is another victim of today's compensation culture and Mr Britton has been lured into taking legal action by a 'no win no fee' advertisement.

Recalling the incident in April, Mr Singleton said he pressed a buzzer to open his electric front gate as usual and the Tesco van was driven in to drop off his goods.

'One of the drivers mentioned he had gone over on his ankle. I asked him if he was okay and he said "yes mate, no problem." He carried on unloading the bags from the van and seemed fine, so I thought no more of it.

'The deliveries continued for three months with no problems until I suddenly got a solicitor's letter out of the blue telling me the driver was suing me. I was stunned and livid and felt completely bemused.'

Mr Singleton eventually managed to speak to a member of Tesco's legal department, but was told they couldn't help.

'They are just not interested, despite me being a loyal customer who has spent a lot of money with them in the past. I won't be shopping with them again after this.'

The letter from Mr Britton's lawyer stated he 'inverted his ankle' when he stepped out of the van near the gate.

It continued: 'The reason why we are alleging fault is that you failed to maintain the driveway and caused or permitted areas of the driveway immediately in front of the gate to sink and form a depression within the driveway into which our client has stepped and which has caused his injury.'

He was said to be in breach of Section 2 of the Occupiers Liability Act 1957.

A Tesco spokeswoman said later: ' We do not support this claim and do not think that it is appropriate for our customer to be sued. We are contacting Mr Singleton to reassure him of our intention to resolve the issue without inconveniencing him further.'

Source: ' Daily Mail '

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