Burger wrapper slip leads to damages for shopper's fractured wrist

Dated:   

A shopper has been compensated following a fall in front of an Essex branch of Asda which led to a fractured wrist.

Shopping Centre Slip Over

In 18 August 2009, a woman was shopping in the Asda store at Queen Elizabeth Square, Chelmsford. As she left the store she slipped on a discarded McDonald's wrapper on the floor in front of the main doors, falling heavily to the floor.

After the accident, which was reported to Asda and duly entered into the company's accident book, the shopper attended Broomfield Hospital, where she was diagnosed with a fractured left wrist.

On the shopper's behalf we acted against Asda, alleging 6 breaches contrary to the Occupiers' Liability Act 1957. These included failure to operate a regular system of inspection; permitting the wrapper to remain on the floor; and exposing our client to a foreseeable risk of injury or harm which it knew was present.

At first the defendant denied liability, asserting that it was not responsible for the area in front of its store. After we presented further arguments and issued proceedings, however, we were able to secure a split in liability of 70/30% in favour of our client. This allowed the case to be settled with compensation of £1,525.


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