Supermarket delivery man sues customer after work accident fall

A delivery driver for supermarket chain Sainsbury’s is suing a couple after claiming he fell and hurt his hand whilst delivering groceries to their home.

The incident happened in May 2008 when delivery driver Shiv Dutt Krishan, aged 47 was delivering goods ordered online to Carolyn and Richard Mozejko at their home in Keighley, West Yorkshire. According to Mr Mozejko, Mr Krishan handed the bags of groceries to his son Aidan, aged 19, but then fell when he stepped backwards down a ramp near to the back door of their home. He said that he got straight back up onto his feet and told the family he was fine.

Mr and Mrs Mozejko were said to be stunned when they received a solicitor’s letter a few days later threatening legal action. Mr Krishan is claiming £5,000 compensation from the couple for a soft tissue injury he suffered to his left hand after falling near their property. In the solicitors letter it was stated that by coming towards Mr Krishan to collect the shopping, the householder caused the driver to step backwards and fall over.

Mr Krishan is claiming he was forced off work for over a month due to his injuries.

The couple were told by Mr Krishan’s solicitor that they were in breach of the Occupiers Liability Act 1957 by failing to ensure their home was safe fro the driver to visit by negligently failing to provide a substantial handrail. Mr and Mrs Mozejko were asked to give their household insurers details and were told to forward the letter of claim onto their insurance company as soon as possible.

The couple, who run a laboratory equipment business together, are refusing to co-operate and are prepared to defend themselves in front of a judge. Sainsbury’s itself has refused to intervene in the matter.

Mr Mozejko attacked the compensation culture for driving such speculative legal claims. He said: “Its crazy. We all cut ourselves and graze ourselves through our lives and we wouldn’t dream of suing somebody. You can’t give in to these people. It would be good if this went to court and the judge turned things round and ordered him to pay compensation to us for the grief they’ve caused.” Mr Mozejko also said that he wrote to Sainsbury’s and went to see the manager of his local store but claimed that the supermarket wanted nothing to do with it.

A spokesperson for Sainsbury’s said that it was urgently investigating the case.

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