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Slip at a gas station

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r34498

Junior Member
What is the name of your state (only U.S. law)? AZ

I slipped on an oil spill at a gas station and injured my back. I had lower back pain for about 3-4 weeks, for which I took Ibuprofin and rested. Since then, it flares up from time to time (for different activities or sleeping positions, etc.). I didn't see a doctor. This happened two months ago. I had not had back pain before (except during pregnancy). Below is the letter that I wrote to Shell and the response that I received:

To Whom It May Concern,

On Friday, June 6, 2008 at approximately 1:00pm, I pulled into the Shell FoodMart Gas Station at the corner of Warner Road and Alma School Road in Chandler, Arizona. I pulled my car in front of pump #5. I grabbed my credit card and headed to the pump to pay. As I stepped in front of the pump, my left foot slipped on a large spill of a slick substance that was pooled directly in front of the pump. Unfortunately, the spill was not immediately noticeable as I approached it, because it was party obscured by my car and shadows.

The sudden, abrupt change in position and my automatic attempt to steady myself, caused a sudden, sharp pain in my lower back. The pain made me catch my breath and made it difficult to stand upright. I maneuvered as best as I could, leaning, and shifting in an attempt to relieve the shooting pains.

I returned to my car after trying to wipe my shoe on the cement to remove some of the substance, and pulled my car forward to the next available pump. After filling my car with gas, the pain was still present, so I proceeded inside to speak with an employee to let them know that the spill was there and that it was dangerous to customers. I told the employee what had happened to me, and he nodded as he said, "yes, I know. We're talking to the guys who spilled it". I said, "well, if you know it's there, you should block off the area until it's cleaned up". At that, the employee said, "yeah...okay...thanks" and proceeded to walk over to the spill and place orange barricade cones in front of the pump.

As I returned to me car, I saw another employee, who appeared to be older and in charge, walk quickly toward the pump, waving his hands and telling the younger employee, "no, no, don't block it". At this, the younger employee appeared to tell the older employee a few things. As I drove around toward the exit, I could see that finally, the spill was being cleaned up, with a white powder substance, behind the newly placed barricade.

I am frustrated that, despite knowing that the spill was there, the employees did not immediately block access to the pump, in order to prevent anyone from slipping on the very dark, slick substance. Now, four days later, I am still suffering from lower back pain, and need to take continuous doses of Ibuprofen to alleviate the pain and inflammation.

In frustration, I used my cell phone to snap a few pictures of the spill to illustrate my point. There appeared to be barricade cones and caution signs sitting on the pump island for storage, ready to be used when needed. I wish the employees had taken that opportunity to use them as soon as they learned of the spill, rather than leaving the pump access open and customers vulnerable, while they talked with the person responsible for the spill. Obviously, the person who responsible for the spill, knew that it was there, as well.

Sincerely,

*KD *initials only for this public forum

Pictures:
http://i152.photobucket.com/albums/s180/r34498/gas_station2.jpg

http://i152.photobucket.com/albums/s180/r34498/gas_station1.jpg

http://i152.photobucket.com/albums/s180/r34498/gas_station3.jpg

http://i152.photobucket.com/albums/s180/r34498/gas_station.jpg


Dear *KD,

Please accept our apology for any inconvenience you experienced at one of our locations. Delivering world-class customer service is a high priority for Shell. We are disappointed when we fail to meet your expectations, and we believe the experience you had is an exception to the way Shell branded retailers typically operate.

Our review indicates your experience occurred at one of our independently owned and operated locations. Please be assured that we have formally recorded your feedback and the appropriate party will be notified. Customer feedback helps us to identify opportunities for improvement.

Thank you for taking the time to share your concerns. We value your patronage and hope you will continue to choose Shell's quality products. If you have additional questions, please contact Shell Customer Care toll-free at 1-888-GO-SHELL (1-888-467-4355) or send an e-mail to [email protected].


Sincerely,

Shell Solutions Center
Customer Care
1(888) 467-4355
eMail: [email protected]

I never heard another word from them, nor "the appropriate party".

Any thoughts?
 


You Are Guilty

Senior Member
It may come as a shock that many (most?) gas stations are not owned by the oil companies themselves. Like here, many are independently owned and only have contact with the oil companies when they purchase the gas. Then again, the oil company may own the land upon which the station sits, so they may still be on the hook.

That's why lawyers exist :)
 

seniorjudge

Senior Member
Q: Any thoughts?

A: No damages, no case:

I slipped on an oil spill at a gas station and injured my back. I had lower back pain for about 3-4 weeks, for which I took Ibuprofin and rested. Since then, it flares up from time to time (for different activities or sleeping positions, etc.). I didn't see a doctor. This happened two months ago. I had not had back pain before (except during pregnancy).
 

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