Slips and Trips in Shops and Supermarkets
Slips and trips in shops and supermarkets are often accidents which could have been prevented had greater care been taken by the owners of a shop or staff in a supermarket. Shops and supermarkets have a duty of care to provide their customers with a safe environment in which to shop and although a supermarket cannot be held liable if you slipped on an item of food which had fallen from a shopper´s trolley immediately in front of you, should you sustain an avoidable injury due to a store manager´s negligence, you should be eligible to claim compensation for slips and trips in shops and supermarkets. For comprehensive advice about the procedures that would need to be completed in a compensation claim for slips and trips in shops and supermarkets, you are invited to call our freephone Supermarket Claims Service and discuss the circumstances of your slip or trip in a shop or supermarket directly with an experienced supermarket accidents solicitor.
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.
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 79-year old woman, who fractured her shoulder in three places after a fall on the travelator at the Dunnes Store in Dublin, has been awarded 30,000 Euros travelator fall injury compensation.
Rosaleen Hill had been at the store on 23rd March 2009 and was returning to the underground car park on a moving travelator, when the trolley she was using began to run away from her control. Trying to keep her control of the trolley, Rosaleen fell and was dragged along the floor of the travelator – breaking her right shoulder and severely lacerating her knee.
After receiving treatment for her injuries, Rosaleen file a compensation claim for travelator fall injury against Dunnes Stores, Gary Smith, trading as The Ashleaf Shopping Centre and Kessow Limited which runs the centre, claiming that the three defendants were negligent in providing a shopping trolley which was not safe to use.
However, at the Circuit Civil Court in Dublin, Judge Jacqueline Linnane threw out the case against Dunnes after a forensic engineer testified that the shopping trolleys used by Dunnes were fitted with corrugated rubber wheels that locked into the groves on the travelator, controlling the travel speed. The judge heard that the trolley which was to blame for her (Rosaleen´s) injuries was fitted with smooth wheels and had possibly been placed in the trolley area by shopfitters working in the shopping centre.
Both Gary Smith, trading as The Ashleaf Shopping Centre and Kessow Limited were found jointly negligent and directed by Judge Jacqueline Linnane to pay Rosaleen 30,000 Euros in travelator fall injury compensation after listening to Consultant Orthopaedic Surgeon Paul Nicholson describe Rosaleen´s shoulder injuries as extremely painful.
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.
An 11-year-old girl, who seriously cut her leg on a stand displaying cakes in a supermarket, has had her settlement of compensation for shop display injury approved at the Circuit Civil Court in Dublin.
The court was informed how Jade Earls had been shopping in the Cornelscourt branch of Dunnes Stores July 16, 2010. As she walked by a display stand for cakes, Jade caught her leg on rusty nails exposed on a piece of wood which was hanging down from the display.
Judge Alan Mahon was told that Jade susatined a ten centimetre abrasion and a four centimetre laceration which – although it had gotten better – lead to a permanent scar on her left leg. Through her mother – Fidelma – Jade made a compensation claim for faulty shop display injury against Dunnes Stores and the company responsible for the cake display stand – ABF Grain products of Grosvenor Street, London. This type of accident might seem fairly uncommon, but trips and slips in supermarkets are very common.
The judge was also told that Dunnes Stores and ABF Grain Products had admitted liability for Jade´s accident on a 60/40 basis, and that an offer of compensation for faulty shop injury amounting to 12,000 Euros plus legal expenses had been tabled, which the family were willing to accept.
The settlement was granted approval by the court.
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 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.
A former Asda employee has been awarded 27,000 pounds in supermarket injury compensation after hurting her back when slipping on a broken egg in the store´s warehouse.
Irene Heslop (65) picked up her injuries in March 2007 while employed as a bakery assistant in the Hulme Asda store in Greater Manchester. Doctors diagnosed her with a suspected spinal fracture which left her not able to walk long distances or carry heavy objects.
As her condition got better, Irene asked that Asda put her on lighter duties in order that she could return to work. The company declined this request, and Irene continue to draw Statutory Sick Pay until the six month period expired after which time she received industrial injury benefit at 24 pounds per week.
After seeking legal guidance, Irene registerd a claim for supermarket injury compensation against the Asda store in Hulme which was supported by doctors at the Manchester Royal Infirmary. After carrying outtheir own investigation, Asda acknowledged that Irene´s lifestyle had been seriously curtailed by the accident and agreed to a 27,000 pounds personal injury compensation settlement.
A woman, who suffered shoulder and hip injuries when slipping on the access bridge to a Leicestershire shopping centre, has won a compensation settlement for falling on wet floor in a shopping centre against the owners of the site.
Gweneth Bowler was at the Highcross Shopping Centre in Leicester with her daughter when the incident occured in January 2011. The 64-year old grandmother was crossing a covered walkway which joins the shopping centre car park with the other shops, when she slipped on a wet surface and fractured her right shoulder and hip in the fall.
While recovering from her injuries, Gweneth wrote to Leicester City Council about the danger, leading the council to initiate a health and safety inspection. The inspection showed many areas where the owners of the premises – Hammerson PLC – were negligent in their health and safety obligations including a lack of cleaning to prevent the floor surface of the walkway from becoming slippery in bad weather.
After taking legal counsel, Gweneth registered a claim for slips, trips and falls compensation against Hammerson PLC and, with negligence by the owners already established, the claim was quickly resolved for an undisclosed amount.