We have been acting for a client (aged 21) in connection with a personal injury claim against her former employer, a hotel in Swindon, arising from injuries she received during an accident in December 2016.
Briefly, at the material time, she was working on the function bar at the hotel when she was instructed by her manager to change the barrel in the cellar. Whilst attempting to do so, one of the barrels fell from above her onto her foot causing fractures to three of her metatarsals, which required hospital treatment. Fortunately, she has made a near-complete recovery from her injuries.
Legal Case against the hotel
It is our case, that its staff or agents, were to blame for our client’s accident in that they:-
- The circumstances of the accident spoke for itself
- Failed to take suitable and sufficient steps to prevent the fall of a barrel onto her foot whilst she was performing her duties as an employee at the function bar;
- Failed to take any or any proper or effective measures whether by regular examination or inspection or otherwise to ensure the cellar was safe to use and in particular, that barrels of beer were not stacked upon each other making it difficult for staff to change a barrel;
- Failed to train her in how to carry out this task and/or to supervise her whilst at work and/or to warn her of any potential dangers in carrying out the said task;
- Failed to provide her with a safe place of work;
- Failed to provide her with a safe system of work;
- Failed to provide her with safe plant or equipment;
- Failed to provide her with assistance from other employees in order to perform this task safely and without risk of injury to herself;
- Exposed our client to an unnecessary risk of injury.
A letter of claim was sent to the hotel but their insurers denied liability (essentially they were blaming our client for what happened). Proceedings had to be issued at Swindon County Court and before filing a Defence, their solicitors indicated that they would like to settle her claim at an early stage without further litigation.
S J Edney solicitors obtained compensation of £8,000.00 for this client during 2019