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7th December 2006
Care Home Accident - Patient Dignity Versus Employee Safety
The claimant's accident happened as she was working as a community support worker in a nursing home. At the time of the accident the claimant was looking after four residents at the time, one of these residents was incontinent.
The incontinent resident had urinated on the floor in the residential home, the client took the resident to the toilet, as she was doing this however another resident called out to get her attention, she helped this person and then returned to the bathroom to continue aiding the previous person. As the client entered the bathroom she realised that the resident had urinated on the bathroom floor however before she could avoid stepping in it slipped falling heavily on her back.
We claimed that incontinence pads should have been used as it came to light that the resident in question had done this on numerous occasions; it was argued that had this been the case then the resident would not have urinated on the bathroom floor.
Contributory Negligence
The judge ruled in favour of the claimant however he did make a finding of forty per cent contributory negligence, this was due to the fact that the client did see the urine before she stood in it and had enough time to avoid it before she slipped on it.
The claimant was awarded £37,000 as a result of the injuries that she sustained due to the accident.
Compensation Claim
If you or a member of your family have suffered an injury as a result of a slip, trip or fall through no fault of your own contact Clear Answers on 0800 783 9019 and speak to one of our advisors. Or if you have suffered any type of personal injury and believe you may have a valid accident claim for compensation, please complete one of our online compensation claim forms.
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