Shopper awarded over £14,000 in accident compensation after slipping and falling in a shopping mall
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Home > News > Accident compensation for shopper who slipped on wet floor tiles

20th July 2009

Accident compensation for shopper who slipped on wet floor tiles

When a shopping trip ended with our client suffering personal injury, she asked for our accident claim advice in making a claim for slip, trip or fall compensation.

She slipped and fell on wet tiles and although the defendant eventually admitted liability for the accident, our specialist slip, trip and fall lawyers had to fight hard to win the compensation to which she was entitled.

The defendant admitted being in breach of the the Occupiers Liability Act 1957, and we were eventually able to secure over £14,000 in accident compensation for our client’s injuries and ongoing discomfort.

Slipping accident in shopping mall

The shopping mall that our client had been visiting was under cover. As she walked along one of the levels, past several stores, she suddenly found her foot going out from under her and her body twisting as she fell. She landed heavily, feeling a wrenching sensation in her back and shoulder. As she regained her breath, she realised that she was in a near sitting up position, but with her foot twisted beneath her, and her body also twisted at an awkward angle.

Initially in shock, she immediately felt pain in her back and shoulder and needed the assistances of a passer by and her children to rise.

Although the mall was under cover, her skirt was wet and she realised the cause was soapy water, which was also present on the tiled floor immediately outside the defendant’s store.

The defendant’s staff immediately came out and a first-aider was called. Although our client did not attend hospital on that day, she did attend her GP a few days later when the injuries were still causing her considerable discomfort.

Injuries from a slip, trip and fall accident

A few days after the slipping accident, our client began to experience further pain in her arm, followed by pain in her back and torso. She found it difficult to lift anything heavy, or generally use her arm, unable to raise it higher than her shoulder.

The injuries to ankle and knee seemed to settle within a few weeks, but the pain in her arm and shoulder persisted until she was eventually referred to a consultant. Further tests confirmed that she had suffered a tear in a tendon and that surgery was advised.

Breach of the Occupiers Liability Act 1957

As a lawful visitor to the mall, our client should have expected to be protected by the defendant against injury as she passed through their area of responsibility. Under the Occupiers Liability Act, the storeowner has a duty of care to make sure their premises are reasonably safe for all visitors.

Responsibility for the common areas of the mall resided with the mall operators, but the area where our client had slipped formed part of the store entrance and was therefore within the remit of the store operator themselves.

By failing to ensure the area immediately within their area was kept safe, they were in breach of the Act.

Our client was advised that the tiles which that were being wet mopped, following a spillage by another member of the public, should have been dry cleaned, as they were known to present a slipping hazard when wet.

Our client further noted that a notice warning of the wet floor was placed inside the store, which would not have been seen until visitors had crossed the hazardous area. Immediately after the accident, this was moved to outside the wet area.

Personal injury compensation claim

Should you decide to instruct us to represent you in your claim, Clear Answers’ lawyers have teams of specialists waiting to help you. They will be happy to talk you through the claims process in plain English, will provide you with expert legal advice, and will answer any questions you may have regarding your claim.

Clear Answers’ specialist slip, trip and fall solicitors have extensive experience in all types of personal injury claims, including those that result from a breach of the Occupiers' Liability Act.

If you or a family member has been injured, in any sort of personal injury accident, please ring us on 0800 783 9019 and speak to one of our advisers. Alternatively, you may prefer to complete one of our on-line compensation claim forms and a representative will contact you as soon as possible.

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