Tesco Caused My Fall – Can I Take on Such a Big Company and Win?
A 64-year-old retired woman slipped in Tesco whilst doing her weekly shop
. She came to us to get compensation for her injuries.
Was There A Cleaning Rota in Place?
While shopping in her local Tesco in Hatfield, the woman was pushing her trolley down the aisle and browsing the shelves. She suddenly slipped and fell
to the floor.
When she looked to see what had caused her fall, she noticed she was covered in egg that had not been cleared away
by the cleaning staff. A member of staff asked if she was ok and went to get a first aider in the store to check for injuries – they also got the duty manager. The accident was recorded in the store's accident report book
and the duty manager offered to pay for any cleaning bills for the woman's clothes.
After taking on the case, Alison Mills, personal injury solicitor for Simpson Millar LLP, discovered that the Tesco store did indeed have a system of inspection and cleaning in place on the day the accident happened. However, there was doubt cast upon this system due to it taking them 39 minutes to clear the spillage
that caused the retiree's fall.
No Witnesses – Can I Still Make a Claim?
Even though nobody witnessed the fall, we still thought there was a case to be won in favour of the woman. She had suffered damage to the soft tissue and muscles in her knee, but fortunately no inflammation was caused to her pre-existing osteoarthritis.
Because there was a cleaning routine in place, the best possible outcome would be to accept an offer based on split liability. Split liability is when responsibility for the accident is distributed between the person who suffered the accident and those that are responsible. In this case, it resulted in a 50/50 split between the injured woman and Tesco.
In total, the woman was awarded £650 in compensation for her injuries.
Top Tips to Take Home
- Being partly responsible doesn't mean someone else can deny responsibility
- Places open to the public also have accident books just like the workplace
- No matter how big or small the company is, if they are responsible they should be held accountable