Occupiers Liability Case Report
Hayward Baker Solicitors obtained compensation of £6,250 for Mrs W following a slip on a wet floor in a shop.
Mrs W, from Emsworth in Hampshire was visiting the store on a December morning when she slipped on water that had been carried into the store on the shoes of other customers. There had been a mat present at the entrance to the store but this was old and had lost absorbency. No wet floor signs had been put out to warn customers of the slippery condition of the floor.
Following the accident Mrs W was taken to the Queen Alexandra Hospital in Cosham where she was found to have suffered a fractured arm. Mrs W was unable to work and had to rely on her friends and family for day to day tasks for 8 weeks while she was in plaster.
What we did
We were able to act for Mrs W on a ‘no-win no-fee’ basis. We wrote to the store explaining what happened and outlining the negligence claim. The insurers for the store initially denied liability. They denied that the floor was wet at the time of her accident and suggested that Mrs W’s footwear was the cause. It was claimed by a member of the store’s staff that she had been wearing high heels – despite it being 7.30 in the morning in the middle of December with snow on the ground!
We eventually persuaded the store’s insurance company that the statements that they had obtained were unreliable. In addition they were unable to produce documents showing that cleaning and inspection had taken place, and had failed to disclose CCTV footage of the incident or a copy of the accident report form that was completed immediately after the accident.
An Consultant Orthopaedic Surgeon was instructed to provide a report on the injuries suffered by Mrs W. The expert said that Mrs W had suffered an undisplaced fracture to the radial head. Thankfully, Mrs W’s recovery would be full with no long-term problems.
Gary Lee LLB (Hons), F.Inst.L.Ex, is a Legal Executive in our Occupiers’ and Public Liability claims department. Gary is a member of the Association of Personal Injury Lawyers and has over 10 years experience in dealing with personal injury claims.