Two bath mats can't stop a slip due to defective shower screen
A 61 year old hotel guest has successfully won her compensation claim
after she slipped and fell in a Burlington Hotel en-suite bathroom.
The semi-retired lady who visited the hotel back in October 2010 stayed with a friend. Before showering in her en-suite bathroom, she placed an anti-slip mat in the bath
and a bath mat on the floor just outside the bath.
After she got out, she dried and dressed herself and proceeded to leave the bathroom, it was then that she slipped on standing water and fell
. The lady sustained soft tissue injuries to her right foot and was unable to walk for 2 weeks
Upon inspection it appeared that the floor was wet due to a defective shower screen
which allowed water to run underneath and down the side of the bath. This then formed an unseen puddle of water on the bathroom floor. It was not visible to the lady due to the colour and design of the flooring.
After her fall she noticed that the area surrounding the bath where the water had been leaking was mouldy and the bottom of the bath was rotting
The hotel disputed liability from an early stage, Simpson Millar LLP, however, were able to obtain medical evidence to pursue the claim. We also obtained advice from a barrister on the likely prospects of success which led to a settlement offer being accepted
by the hotel.
The lady was awarded £2000
in compensation, Simpson Millar LLP's Chris Hoyle commented:
"The case highlights the duty upon service providers such as hotels to undertake regular and thorough checks
of their premises to ensure that reasonable steps are taken to ensure that guests are safe when visiting their premises."
Top tips to take away:
- If you are able to, try and inspect the area where you fell to look for defective items
- Medical evidence can prove important where responsibility for an accident is disputed
- Simpson Millar LLP will try to consult a barrister where appropriate to gauge the likely prospects of success