Mum battles Harvey Nichols over baby's glass injury
A mother is battling for compensation after she and her baby son were injured when a glass door panel shattered at the Harvey Nichols store in Cabot Circus last year.
An 8ft pane of glass fell out of its frame and smashed on top of Sarah Moore's seven-month-old son Daniel, who was asleep in his pram as the pair left the shop in September.
Daniel, now one, had a cut close to his eye and Ms Moore, 19, had a cut to her hand.
Mother and baby, from Bishopsworth, were taken by ambulance to Bristol Children's Hospital for treatment and were discharged later the same day.
Ms Moore, who believes her son could have been killed in the accident, has instructed city centre-based John Whitcroft Solicitors to fight for compensation and is waiting to hear if she has been successful.
However, an investigation into the accident carried out Bristol City Council has concluded that no further action will be taken against Harvey Nichols because the 'incident was not considered to have been foreseeable'.
Ms Moore, who says she pushed the door twice to get out because it was stuck and was forced to manoeuvre her son's pram around it, says she was not at fault for the accident and believes the retailer should be held to account.
She said: "The door shouldn't just shatter when you push it open.
"If Daniel had been sitting up in his pushchair he would have been dead because there was a big thick piece of glass in the pram.
"My solicitor has said that because of what happened Daniel could claim compensation, which could be put in a trust fund for when he's older, and I could receive a little bit of money as well.
"An insurance company has been contacted and they apparently had three months to respond to the claim.
"I've not been back to Harvey Nichols since the accident - I've decided I'll never go back there again."
Ms Moore's mother-in-law Carol Toogood, who drove from her home in Felton to be at hospital with Ms Moore and Daniel after the accident, said: "It looks like what the council is saying is that it was Sarah's fault, which is strange.
"If a door is stuck and it is being pushed, it shouldn't break because anyone pushing it could be in trouble."
The accident happened on the second day of trading at the flagship store, which opened to shoppers as part of the £500-million Cabot Circus shopping centre on September 25.
A crowd of people gathered as the entrance to the store in Philadelphia Street, Cabot Circus, was sealed off following the accident.
A spokesman for Bristol City Council said: "An environmental health officer carried out a thorough investigation of the incident, together with the Building Control Section.
"The glass in the door shattered in the way that safety glass is designed to do when it is overstressed, for whatever reason.
"The council took no further action as the incident was not considered to have been foreseeable and Harvey Nichols had done everything reasonably practicable to prevent such an occurrence."
Ms Moore's solicitor John Whitcroft said: "We are waiting for a response from the other side to find out whether they accept or deny liability."
Harvey Nichols declined to comment.
Following the accident in September, the retailer said CCTV footage would be viewed to work out exactly how the accident happened.
38 Comments
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by FH, Bristol
Monday, February 16 2009, 9:02PM
“"If Daniel had been sitting up in his pushchair he would have been dead."
But he wasn't; but he isn't. Surely a healthy baby, plus instant free hospital treatment, should be compensation enough.
What loss exactly is she seeking to be compensated for?”
by mondeoboy, Bristol
Monday, February 16 2009, 1:49PM
“The first few words in the article sum it all up "A mother is battling for compensation" there's a surprise compensation culture rules ok.”
by Sarah, Bristol
Monday, February 16 2009, 9:06AM
“Whilst this was an awful accident, and must have been terrifying for the young mum and her baby at the time, I don't think her claim for compensation will or should be succesful. I was there at the time and I can assure you, the young woman in question was not doing herself or her baby any favours the way she was bashing her pram against that door! A few people before her had tried, but after one attempt, stopped as it was obvious something wasn't quite right with it. Yes, it's very sad that the baby was injured, but looking at the picture of the little boy, he looks happy, his injuries look as though they are healing well, where is the issue?? It was an accident and we shouldn't be encouraging this compo society that seems to be sprouting everywhere!”
by Chris, Bristol
Sunday, February 15 2009, 6:51PM
“Anyone with a bit of commonsense knows, that if a door won't open, then with a Childs buggy or a wheel chair, you turn around and try to open the door with your back, if it opens without any undue force you walk through Backwards. This enables you to put an even pressure onto the door, at the same time protecting the Child or Person in the Buggy / Wheel chair.”
by Catherine, Chipping Sodbury
Sunday, February 15 2009, 6:30PM
“I wish that people posting on here would stop posting personal comments towards each other and just keep to the subject in question.
Speculating as to what might have happened and what Ms Moore's motives were don't help and is totally pointless anyway because Harvey Nichols are going to study cctv footage to see for themselves how the incident happened.”
by Pamela, Clifton Village
Sunday, February 15 2009, 12:58PM
“If that had happened to one of my children I certainly would seek compensation.”
by Sarah, BS6
Sunday, February 15 2009, 11:55AM
“Typical, all the usual nasty minded people are out. with their sweeping statements and petty nastiness. What has the looks of the lady got to do with anything Steven? Do you feel so insecure you publically have to insult people? Some people dont have any spare money to make the best of themselves. By your logic you are rather inferior and a total failure in life by not driving a ferrari and living in the South of France. And as for the poster suggesting that this lady deliberately rammed the door trying to break the glass are you for real? Although HN didnt know the glass was faulty it obviously was. It shouldnt break with one lady and her pram even if she charged at it! However the buck stops with them. I am very glad something more serious did not happen to her baby. If as Soarer said people can claim over tripping up on a faulty pavement she has every right to claim in this instance on something that is much more serious. I dont approve of a claim culture as such because people abuse it however if you are injured because of negligence, or in this case faulty glass, you should be entitled to compensation.”
by Kev, Kingswood
Sunday, February 15 2009, 10:24AM
“Soarer you mock others for being on here throughout the day. Don't you think you're calling kettle black lol”
by soarer, bristol
Sunday, February 15 2009, 9:53AM
“the irony of the moniker you have chosen is probably lost on you mother with common sense. Where does it say she pushed the door with the buggy? even if she did push a shop doorway with a pram is not the same as leading a pram onto the road first. A whole gang of people should be able to push against a main door like that without it shattering. She and her child had a very lucky escape. I thought only Mike, Bristol spent the early hours typing on here. perhaps you were drunk on lambrini? perhaps you are Mike? Perhaps D is Mike as he is just a nause as well? Who is who in the zoo?”
by d, Bristol
Saturday, February 14 2009, 9:53PM
“"who is hiding behind , d bristol , please reveal yourself or shut up",
steven, germany
The irony of posting as "Steven, Germany" is lost on you I presume?
Probably.........”