We have been acting for a client (aged 64) in connection with a personal injury claim against a well-known supermarket arising from an accident at one of their stores during December 2017.
Briefly, on the day in question, our client went to her local supermarket to do some shopping. She had picked up a sandwich and drink and was moving to the next section to get some crisps when she tripped over a footstool/small kickstand which had been left in the aisle beside the sandwich section making it dangerous to their customers.
It was our case that her accident was caused by the negligence of the supermarket, their employees or agents or breach of statutory duty under the Occupiers Liability Act 1957 or both in that they:-
- Caused or permitted the footstool/kickstand to be left in the aisle when the same constituted a danger and trap to customers walking within the aisle
- Failed to cause it to be returned to a proper and safe place
- Failed to institute or enforce any or any adequate system for the collection of the footstool/kickstand whereby its presence within the aisle might have been detected before our client’s accident and it could then have been returned to a proper place
- Failed to heed the fact that customers shopping within the store and walking along the aisles would be likely to be inspecting goods displayed on the sides and would be at risk of tripping over any low object such as a footstool/kickstand if the same were left in the aisle
As a result of her accident, our client fractured her left hip requiring emergency hospital treatment. She underwent a left total hip replacement shortly afterwards. She has still not made a full recovery from this injury but the prognosis for a full recovery is encouraging.
Following receipt of her personal injury claim, the supermarket’s insurers appointed solicitors to deal with the case and an early admission of liability was made. Following service of our medical evidence, they put forward an offer of £14,200.00 in settlement of the claim which we advised our client to reject. After further negotiation between the parties, we were able to settle this case without the need to issue proceedings.
S J Edney solicitors obtained compensation of £27,500 for this client in 2019.