Supermarket accident clearly a wounding problem for shopper
A woman shopping in an Asda supermarket shocked to be caught by a shard of clear perspex
has received compensation of £1,700.
Browsing in the meat section of the Newcastle branch, the shopper was walking towards the back of the store when she suddenly tripped
. Her right leg had been unexpectedly caught by a panel of clear perspex which was encroaching on the aisle
from a refrigeration unit.
Although the perspex was screwed to the base of the fridge, it had been broken into 2 pieces
, 1 of which had turned on its screw and was facing into the aisle
at a right angle. Unsurprisingly, the clear material was very difficult for unwary customers or employees to detect.
The accident caused the shopper to sustain a puncture wound just below her knee
, which would eventually leave her with a visible 1cm scar
We learned that her husband informed a member of staff
who was stacking shelves on the aisle at the time. He came to the fridge and snapped the offending material
from the unit, after which the matter was reported to the manager and formally recorded in the accident book
After the shopper took the issue to us, we wrote to Asda alleging breaches of the Occupiers' Liability Act 1957
Among others, these included breach of the supermarket's duty of care, inasmuch as it failed to ensure our client was reasonably safe
in using the premises for the purpose in which she was permitted to be there, and exposing her to a foreseeable risk of injury or harm.
Asda duly admitted liability. On presenting medical and photographic evidence of the damage suffered by our client, we were able to obtain a settlement of £1,700 within 6 months
of the supermarket's admission.