Quote Originally Posted by lastlid View Post
Section 3.1 of the 1974 Health and Safety at Work Act.....


"It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety".

http://www.legislation.gov.uk/ukpga/1974/37/section/3

If they had a duty of care and if section 3.1 has been breached and can be proven to be breached then you have a case.
Thank you Lastlid, I am also familiar with the Health & Safety at Work Act 1974 and the Management of H&S at Work Regulations.

Tesco's has a duty of care to it's staff, customers and visitors and must provide safe access and egress on their premises with suitable risk assessments in place. Any cases of breach will normally be brought by the Environmental Health Dept/ or the HSE, rather than by individuals but there has to be liaison with the local regulator before that happens. The case is being pursued by Environmental Health.