Falls in Shops and Supermarkets
Falls in shops and supermarkets account for a great number of injuries each year and, when the managers of these stores are responsible for any injuries you may have sustained, you could be entitled to claim compensation for falls in shops and supermarkets. Not all falls in shops and supermarkets are avoidable due to the nature of busy stores and open display units – plus, of course, the British weather. However, when an injury has been sustained – which could have been prevented had greater care been taken – you should first seek professional medical attention and then speak with a solicitor on our Supermarket Claims Service. Our solicitors will be able to provide you with a free assessment of your case and advise you whether you have a compensation claim for falls in shops and supermarkets which is worth your while to pursue.
A woman, who successfully appealed a court ruling that she was equally at fault for the injuries she sustained when she fell over in a supermarket, has been awarded £44,000 in her compensation for an accident in Morrisons.
Jean Palfrey (79) from St Annes Chapel in Cornwall suffered serious injuries to her arms and shoulders when she fell over a low-loading trolley used to take goods into her local Morrisons shop in Tavistock, Cornwall in November 2008. The injuries she sustained were so serious that she stayed in hospital for three months with fractures to both humerus bones and was unable to carry out household tasks for a further two years. She still is taking a course of painkillers to cope with the pain she often feels and one of her arms is now shorter in length than the other.
This week Jean’s legal team solicitors successfully appealed the initial verdict in her injury compensation claim for falling in Morrisons – that she was jointly to blame for her injuries as she had said she had noticed the trolley before she judged incorrectly where she was going and tripped over it – after Lord Justice Moses stated ”Shoppers walking up and down aisles in supermarkets are expected to be attracted by what is on the shelves and do not expect to have to look towards the ground”.
Regardless of this, Lord Justice Moses concurred with legal representatives from Morrisons that they were not completely at fault for Jean’s fall, and allocated her 20 percent contributory negligence – thus reducing the award of compensation agreed between the parties in settlement of Jean’s compensation claim for an accident in Morrisons from £55,000 to £44,000.
The Equality Tribunal has released details of seventeen decisions that they adjudicated on recently, including the case of a female mortgage consultant who was allegedly sacked because she was pregnant.
Claire Keenan filed a claim for unfair dismissal against her former employer Stephen Kehoe trading as Mortgage Cabin after she had informed him that she was pregnant and due to go on maternity leave in July 2008. Ms Keenan claimed that Mr Kehoe had requested her to take a shorter break because of the workload and also to work from home while on leave.
Ms Keenan alleged at the Tribunal hearing that Mr Kehoe had subsequently told her that there was not enough work, and offered her a redundancy cheque provided that she signed a disclaimer releasing him from any further claims arising from the ending of her employment. Ms Keenan refused to sign the release and was promptly sacked from the role.
Mr Kehoe did not attend the Tribunal hearing but stated in a written submission that he had not requested Ms Keenan to take a shorter maternity leave nor work from home as he had employed somebody to provide cover in her absence. The Equality Tribunal ruled in favour of Ms Keenan and, based on her previous 12 months remuneration, made an award of 95,000 Euros.
A Irish schoolgirl, who suffered lacerations and abrasions after catching her leg on a faulty cake display in Dunnes Stores, is to receive 21,000 Euros in compensation after her injury compensation for a shop accident claim was approved in court.
Jade Earls, aged 11, had been shopping with her mother in the Dunnes Stores at Cornelscourt in Dublin when the incident occurred in July 2010. As Jade passed a stand for cakes, she caught her leg on some rusty nails which were protruding from the support for the stand.
Judge Alan Mahon at Dublin´s Circuit Civil Court heard that Jade suffered a large laceration in the accident and, although both had healed properly, Jade had been left with a permanent scar on her left leg.
After taking legal guidance from solicitors, Jade filed a claim for dangerous shop display injury compensation against Dunnes Stores and ABF Grain Products, Grosvenor Street, London, through her mother – Fidelma. The court was told that the two defendants had accepted liability on a 60&40 basis and that an offer of compensation had been offered.
Judge Mahon heard that the offer of injury accident compensation for a shop accident claim amounted to 12,000 Euros including costs and, as the family were prepared to accept the offer, he approved the settlement.
Highcross Shopping Centre in Leicester is building a reputation as the most dangerous shopping centre in England, with four additional shopping centre injury compensation claims having been made since Gweneth Bowler successfully sued the shopping centre in December 2011 after breaking her shoulder due to a slip on a wet surface.
Previously this month, an unnamed woman was awarded 3,700 pounds after slipping and breaking her ankle on the same access bridge between the shopping centre car park area and the John Lewis store, while three claims remain outstanding due to slip injuries suffered in the shopping centre car park.
During Gweneth Bowler´s compensation action in December, a City Council health and safety official had testified that the bridge´s surface was a slip hazard due to poor drainage and inadequate cleaning. The action recommended by the council – including the improving the drainage system in the car park – were put into place previously this year and no accidents have been reported since then.
Despite Highcross admitting liability for the two resolved shopping centre compensation injury claims, no comment was given on the outstanding claims for shopping centre injury compensation – including a severe injury to a 40 year-old female shopper who needed emergency surgical treatment for a broken femur after a slip in the shopping centre car park.
A customer, who fell on a discarded baby wipe in the Dublin branch of Argos and injured his shoulder when he fell, has been awarded 17,500 Euros in compensation for an injury in Argos at the Circuit Civil Court.
Declan Conroy had been shopping at the Ilac Centre branch of Argos on Henry Street in May 2008 when his injury was suffered. While in the queue for the counter to order a lawnmower for his mother, he fell on a discarded baby wipe and fell – injuring his shoulder in the process.
Once he had been given medical attention, Declan filed a compensation claim for an injury in Argos against the store – alleging that their system of monitoring the store for potential slipping hazards was inadequate and he had suffered an injury as a consequence.
Argos refused to admit liability for Declan´s injury; claiming that CCTV footage showed the presence of the baby wipe just six minutes before Declan´s incident and contending that employees could not possibly be required to constantly monitor the floor for slip hazards in a historically low-risk store.
When the claim was heard in court, Judge Jacqueline Linnane heard a forensic witness – speaking on Declan´s behalf – testify that, because of the extra footfall in the queuing area, a greater level of watchfulness should be applied. It was also revealed in court that five minutes before the baby wipe was first seen on camera, CCTV footage recorded a woman pushing a baby buggy through the area where Declan slipped.
Judge Jacqueline Linnane ascertained that, on the balance of probabilities, it was the woman with the baby buggy who was to blame for dropping the baby wipe and, as more than ten minutes would have passed between the baby wipe being present on the floor and Declan sustaining his shoulder injury, she was finding Argos liable. She awarded Declan 17,500 Euros compensation for an accidental injury in Argos injury plus costs.
The Circuit Civil Court in Dublin has approved a settlement of injury in toy shop accident compensation for the family of a little girl who suffered a head injury when falling in the capital´s branch of Hamleys.
Brianna Healy (5) of Ballinteer in Dublin, had the top shop accident in February 2009 when she was just two-years-old. The young girl fell and hit her head at the Hamleys Toy Store in the Dundrum Shopping Centre, and, as Mr Justice Matthew Deery at the Circuit Civil Court heard, “split her head open”.
Brianna´s accident has left her with a permanent scar on her head, and although Hamleys accepted liability for Brianna´s injury her father Steven – through whom Brianna made the claim for injury in toy shop compensation – told the judge that the initial offer of compensation had been rejected.
Mr Justice Matthew Deery was made aware that an improved offer of injury in toy shop compensation of 27,500 Euros had been negotiated, and the case was before him for approval. After seeking confirmation that the offer was agreeable to Brianna´s father, the judge approved the settlement.
Tesco has acceped failing in its duty of care towards employees at their Warfield after an investigation found that Tesco accidents at work were not being reported to the Health and Safety Executive.
Bracknell Forest Council examined three separate Tesco accidents at work between May 2009 and March 2010 in which staff had been hurt and no report had been filed to the relevant enforcing authority.
Inspectors from the Environmental Health Department of Bracknell Forest Council also found proof that Tesco had failed to provide adequate training and enforce safe working practices in the loading and unloading area of its Warfield store – further placing employees at risk of injury.
Tesco accepted the charges made against the company and were fined 48,000 pounds after an official hearing. Bracknell Forest Council recovered a further 25,000 pounds for the costs involved with the examination and for bringing the compensation case against Tesco.
“It’s vital that companies stick to health and safety rules so their employees remain out of danger at work”, stated Bracknell Forest’s head of environmental health, David Steeds, after the Tesco accidents at work case had been heard. “Unfortunately, Tesco failed to keep to these rules and, as a result, employees were injured – quite seriously in one of the cases – or put in harm´s way.”
A court in Leicester has told how an elderly pensioner was paid an undisclosed amount of Tesco compensation for leg injury after she was hit by a pallet trolley in her local store.
The formal hearing, which was called to determine the severity of the health and safety fine after Tescos accepted liability for the injury, heard how Angela Pownell (80) from Beaumont Leys, Leicestershire, had been struck on the leg by the pallet trolley while shopping with her husband in August 2009.
District Judge John Temperley heard the impact of the pallet trolley – which was heavily loaded with boxes of televisions – had torn strips of skin away from Angela´s leg and she was rushed to Leicester Royal Infirmary where she received stitches and painkillers for her injuries.
The court was told that a district nurse was needed to visit to change Angela´s dressing daily after the incident in Tescos, and that she suffered psychological injuries thereafter. Angela´s husband, John, testified that Angela lost her confidence after the injury and would not go anywhere in public without holding somebody else´s hand.
Angela and John had accepted an undisclosed Tescos compensation for leg injury settlement and, after hearing that the warehouseman who had been pulling the pallet truck at the time admitted that he had not seen Angela, District Judge John Temperley fined Tescos 20,000 pounds and ordered them to pay 24,500 pounds in costs.
A pensioner from Worcestershire, who broke a bone in his foot after he fell on a wet floor in Tesco, has been awarded an undisclosed four-figure settlement for his Tesco wet floor injury claim.
Ronald Fryer (80) from Whittington in Worcestershire was going into the Tesco store in St. Peter´s Drive, Worcester in October 2009, when he slipped on a wet floor by the entrance to the shop.
The retired cricket umpire was taken to the Worcestershire Royal Hospital where X-rays revealed that Ronald had broken a metatarsal bone in his foot.
After recuperating from his injury, Ronald sought legal guidance and established that he was eligible to make a Tesco wet floor injury claim due to a breach in Tesco´s duty of care towards its customers.
After lengthy negotiations over how much compensation for slipping on a wet floor in Tesco Ronald should be entitled to, the company made a four-figure offer in settlement of Ronald´s Tesco wet floor injury claim which he was advised to take.
A sixteen year old boy, who sustained deep lacerations in his thigh when climbing over a supermarket car park fence, has had a shop car park injury settlement of 36,800 Euros approved in the Circuit Civil Court.
Michael Hogan was just eleven years of age when the accident happened in 2006 as he was climbing over a supermarket car park fence at the Firhouse Shopping Centre. He caught his leg on a protruding and unprotected nail, which tore a deep V-shaped wound into his inner left thigh.
Michael´s injuries were so bad that he had to have a double layer of inner flesh stitched together under a general anaesthetic and, although he has recuperated now, will be left with a permanent scar as a permanent reminder of his injury.
Liability for the shop car park injury was uncontested by the supermarket owners of the Firhouse Shopping centre – Colverton Limited – and Mr Justice Matthew Deery heard that the defendants had made a settlement offer of 36,800 Euros. The judge approved the shop car park injury settlement compensation offer, ordering that it should be invested in court funds until Michael´s 18th birthday in March 2015.