Under the Occupiers Liability Act 1984, owners of premises have a duty of care to protect the safety of anyone visiting their premises. In this case, our client had visited the photo shop as a customer. It had been raining and customers had naturally brought the water into the shop during the course of the morning.
Towards the end of the morning, our client entered the shop and slipped on the wet floor. Although the judge found that our client should have paid more attention to the floor as she entered the shop, given that she was aware it was raining, he found that the extent of the water accumulated during the morning was excessive. The water had become widespread and was a clear indication that no attempts had been made during the morning to clean up the water in order to minimise the risk. Nor had they provided warning signs that the water may pose a slipping hazard.
These failures were contrary to their own standards of health and safety training for the store and the Judge found that they had been in breach of their duty of care under the Occupiers’ Liability Act.
Compensation Claim
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