UK Injury Compensation News

A woman, who suffered a head injury when a shoe shop store sign fell loose from its fascia, has had her shop sign injury claim for compensation resolved in court.

Bournemouth and Poole County Court heard how the claimant, Ms Benham, was walking past the tReds shoe store in Old Christchurch Street, Bournemouth, in October 2010, when the metal 15 feet long shop sign fell from the fascia and hit her on the head.

The sixty-one year-old woman was initially treated at the scene of her accident by paramedics after a witness to her accident phoned 999, and was then taken to the Royal Bournemouth Hospital where she was diagnosed with a blunt closed head injury.

After Ms Benham had recovered from her initial trauma, she sought legal advice and made a compensation claim for a shop sign injury against tReds – citing that not only had she suffered a head injury due to their alleged failure to establish or maintain any adequate system of periodical maintenance or inspection of the sign, but had also suffered from anxiety throughout the following year.

The owners of the shoe store – Treds LLP – contested the shop sign injury claim and denied their liability for Ms Benham´s injuries, stating that they regularly carried out visual inspections of the store sign. As no resolution of Ms Benham´s shop sign injury claim was possible by negotiation, court proceedings were issued against Treds LLP.

At Bournemouth and Poole County Court, Ms Benham´s solicitors provided evidence to show that the shop sign had fallen because the wooden fascia to which it was attached had become rotten and tReds conducted a limited system of inspection from the ground which was insufficient to discover the rot was present in the wooden fascia board. Finding in favour of the claimant, Judge Maston awarded Ms Benham £1,800 compensation for her shop sign injury.

A woman, who successfully appealed a court ruling that she was equally at fault for the injuries she sustained when she fell over in a supermarket, has been award £44,000 in compensation for her claim for tripping in Morrisons.  

Jean Palfrey (79) from St Annes Chapel in Cornwall sustained terrible injuries to her arms and shoulders when she tripped over a low-loading trolley used to bring goods into her local Morrisons supermarket in Tavistock, Cornwall in November 2008. Her injuries were so severe that she remained in hospital for three months with fractures to both humerus bones and was unable to perform household tasks for a further two years. She stills takes painkillers to cope with the pain she feels regularly and one of her arms is now shorter than the other.

Earlier this week, Jean´s solicitors successfully appealed the original verdict in her injury claim for falling in Morrisons – that she was equally to blame for her injuries as she had admitted noticing the trolley before she misjudged where she was walking and tripped over it – after Lord Justice Moses said ”Shoppers walking up and down aisles in supermarkets are expected to be attracted by what is on the shelves and do not expect to have to look towards the ground”.

Nonetheless, Lord Justice Moses agreed with legal representatives from Morrisons that they were not entirely at fault for Jean´s accident, and allocated her 20 percent contributory negligence – thus reducing the award of compensation agreed between the two parties in settlement of Jean´s claim for tripping in Morrisons from £55,000 to £44,000.

A nine-year-old girl, who sustained a knee ligament injury due to slipping on water spilled on the floor of her local supermarket, has had an award of injury compensation for a childs slip in Asda approved in court.

Judge Bell at Reigate County Court heard how the unnamed girl from Reigate in Surrey was just five years of age when, in February 2009, she slipped on some water which had spilled in an aisle of her local Asda supermarket and fell – sustaining a medial collateral ligament sprain injury.

After a period of rest advised by her doctor, the majority of the pain in her knee disappeared after six weeks; however, as the girl continued to experience mild pain occasionally when running and playing games, a second prognosis concluded that the injury would continue to present a nuisance level of pain and may well be permanent.

Through her parents, the girl made a claim for a childs slip in Asda alleging that the supermarket was negligent in the duties imposed upon it by the Occupiers Liability Act 1957 in failing to have in place and practically adhere to a reasonable system of inspection and cleaning.

Asda admitted liability for the girl´s injuries and a settlement of compensation for a childs slip in Asda was negotiated amounting to 4,250 pounds. After hearing the circumstances of the accident and injury, Judge Bell approved the settlement.

A woman, who slipped on grapes which had fallen from a display outside a shop and injured both wrists in her subsequent fall, has had her claim for slip on grape injury upheld in the High Court.

Samira Hassan (57) from Greenford, Middlesex, took the action against shopkeeper Onkar Singh Gill (50) following her accident in 2005. While inspecting the fruit display placed on tables outside Mr Gill´s “The Stall” shop in Greenford Road, Samira slipped on grapes which had fallen from the display and fractured both her wrists.

After seeking legal advice, Samira made a claim for slip on grape injury, claiming that the grapes on which she slipped were “mushy” and that the staff at Mr Gill´s shop had failed in their duty of care to the public. Mr Gill contested the claim – insisting that his staff had taken all reasonable steps to keep the pavement clear of debris – a County Court judge last year ruled that Mr Gill was liable for Samira´s injuries and ordered him to pay 111,859 pounds in compensation for slipping on a grape.

Mr Gill appealed the ruling but, at London´s High Court, Lord Justice Lloyd – sitting with Mr. Justice Morgan and Sir Stephen Sedley – upheld the County Court´s decision and order that Samira should receive her full settlement of compensation in respect of her claim for slipping on a grape injury.

A seventy-nine year old woman, who broke her shoulder in three places following a fall on the travelator at the Dunnes Store in Dublin´s Ashleaf Shopping Centre, has been awarded 30,000 Euros travelator fall injury compensation.

Rosaleen Hill of Terenure, Dublin, had been shopping at the Dunnes Store on 23rd March 2009 and was returning to the underground car park on a moving travelator, when the trolley she was using started to run away from her. Attempting to maintain her hold on the trolley, Rosaleen fell and was dragged along the surface of the travelator – breaking her right shoulder and severely lacerating her knee.

After receiving medical treatment for her injuries, Rosaleen made a claim for travelator fall injury compensation against Dunnes Stores, Gary Smith, trading as The Ashleaf Shopping Centre and Kessow Limited which runs the centre, alleging that the three defendants were negligent in providing a shopping trolley which was unsafe to use.

However, at the Circuit Civil Court in Dublin, Judge Jacqueline Linnane dismissed the case against Dunnes after a forensic engineer testified that the shopping trolleys used by Dunnes were fitted with corrugated rubber wheels that locked into the groves on the travelator, restricting the travel speed. The judge heard that the trolley which was responsible for Rosaleen´s injuries was fitted with smooth wheels and had possibly been placed in the trolley area by shopfitters working in the shopping centre.

 Both Gary Smith, trading as The Ashleaf Shopping Centre and Kessow Limited were found jointly negligent and ordered by Judge Jacqueline Linnane to pay Rosaleen 30,000 Euros in travelator fall injury compensation after hearing Consultant Orthopaedic Surgeon Paul Nicholson describe Rosaleen´s shoulder injuries as notoriously painful.

A shopper who slipped and fell on a discarded wet wipe in Argos, injuring his shoulder in the process, has been awarded 17,500 Euros fall in Argos compensation at Dublin´s Circuit Civil Court.

Declan Conroy from East Wall, Dublin, had been shopping in the Ilac Centre branch of Argos in May 2008 when the accident occurred. While in the queue for the counter to order a lawnmower for his mother, he slipped on a wet wipe which had been left on the floor and fell – badly damaging his shoulder.

After receiving medical treatment, Declan made a claim for fall in Argos injury compensation against the store – claiming that their method of checking the store for potential hazards was negligent and he had suffered an injury as a result.

Argos denied liability for Declan´s injury; contending that CCTV footage revealed the presence of the wet wipe just six minutes before Declan´s accident and arguing that staff could not be asked to constantly monitor the condition of the floor surface in such a historically low-risk store.

However, a forensic engineer – testifying on behalf of Declan – explained that because of the extra footfall in the queuing area where Declan´s accident occurred, a higher level of vigilance should be applied. It was also revealed at the Circuit Civil Court that CCTV footage showed a woman pushing a baby buggy through the area five minutes before the wet wipe first appeared on camera.

Judge Jacqueline Linnane determined that, on the balance of probabilities, it was the woman with the baby buggy who was responsible for dropping the wet wipe and, as more than ten minutes would have elapsed between the hazard being present and Declan sustaining his injury, she was ruling that Argos was liable.  Declan was awarded 17,500 Euros for fall in Argos compensation plus costs.

An 11-year-old girl, who badly cut her leg on a stand displaying cakes in Dunnes Stores, has had her settlement of compensation for faulty shop display injury approved at the Circuit Civil Court in Dublin.

The court heard how Jade Earls from Bray, County Wicklow, had been shopping in the Cornelscourt branch of Dunnes Stores in Dublin on July 16, 2010. As she passed by a stand displaying cakes, Jade caught her leg on rusty nails exposed on a piece of wood which was hanging down from the display.

Judge Alan Mahon was told that Jade suffered a ten centimetre abrasion and a four centimetre laceration which – although it had healed – resulted in a permanent scar on her left leg. Through her mother – Fidelma – Jade made a claim for fauly shop display injury compensation against Dunnes Stores and the company responsible for the cake display stand – ABF Grain products of Grosvenor Street, London.

The judge was also advised that Dunnes Stores and ABF Grain Products had accepted liability for Jade´s injury on a 60/40 basis, and that an offer of compensation for faulty shop injury amounting to 12,000 Euros plus legal expenses had been made, which the family were willing to accept.

The settlement was approved by the court.

A 52 year old woman has been awarded 2,250 pounds in compensation for a slip in Matalan after sustaining several soft tissue injuries which persisted for almost a year.

The woman – identified in court papers as “JF” – sustained her injuries when she slipped on liquid that had been spilled on the floor in her local Matalan supermarket in July 2011. As she fell backwards the woman injured both wrists, her right hand, lower back and groin despite trying to break her fall.

Following a medical examination, the woman was diagnosed with soft tissue injuries to her hands from which she suffered for eight months, and a soft tissue strain to her groin which took almost a year to heal. It was alleged in her compensation claim for a slip in Matalan that during her recovery, the woman was unable to carry heavy loads or reach above her head and had difficulty when trying to open jars.

The woman also had to undergo six weeks of physiotherapy for the groin strain and, as she was unable to exercise as normal, her weight increased noticeably. Her claim for a slip in Matalan was supported by a consultant rheumatologist, who confirmed that the woman had also suffered a lack of confidence due to her groin injury.

Matalan admitted their liability for the woman´s injuries and acknowledged that they were in breach of the Occupiers’ Liability Act 1957, the Management of Health and Safety at Work Regulations 1999 and the Workplace (Health, Safety and Welfare) Regulations 1992. An out-of-court settlement of compensation for a slip in Matalan amounting to 2,250 pounds was agreed between Matalan and the woman´s solicitor.

A young girl, who sustained a head injury which left her with a permanent scar after walking into a ladder in a toy store, has had a settlement of compensation for child hurt in toy shop approved at the Circuit Civil Court in Dublin.

Martyna Hyrcza (5) of Kells, County Meath, sustained the injury at Smyths Toy Store in Dublin when she was just one year of age. The accident happened in September 2008 when Martyna was visiting the store with her father and she walked into a ladder in an aisle which had not been cordoned off.

Martyna sustained a three centimetre laceration to her forehead and was taken by ambulance to the Temple Street Children´s Hospital in Dublin, where the wound was treated and drawn together with Seri-strips.

Despite the swift medical treatment, Martyna was left with a permanent scar on her forehead and, after taking legal advice, her father – Thomas – made a claim on Martyna´s behalf for child hurt in toy shop compensation.

At the Circuit Civil Court in Dublin, Mr Justice Matthew Deery heard that an offer of settlement of 21,000 Euros had been agreed between the two parties without admission of liability, and that the case was before him for approval of damages only.

Mr Justice Matthew Deery approved the compensation for child hurt in toy shop after witnessing the scar on Martyna´s head.

A court in Leicester has heard how an elderly pensioner was paid an undisclosed amount of compensation for leg injury in Tescos after she was hit by a pallet trolley in her local store.

The hearing, which was called to determine the severity of the health and safety fine after Tescos admitted liability for the injury, heard how Angela Pownell (80) from Beaumont Leys, Leicestershire, had been hit on the leg by the pallet trolley while shopping with her husband in August 2009.

District Judge John Temperley heard the impact of the pallet trolley – which was heavily laden with boxed televisions – had torn lumps of skin away from Angela´s leg and she was rushed to Leicester Royal Infirmary where she received stitches and painkillers for her injuries.

The court was told that a district nurse was required to visit to change Angela´s dressing  daily after the accident in Tescos, and that she suffered psychological injuries thereafter. Angela´s husband, John, testified that Angela lost her confidence after the injury and would not go anywhere without holding somebody else´s hand.

Angela and John had accepted an undisclosed compensation for leg injury in Tescos settlement and, after hearing that the warehouseman who had been pulling the pallet truck at the time admitted that he had not seen Angela, District Judge John Temperley fined Tescos 20,000 pounds and ordered them to pay 24,500 pounds in costs.

A Worcestershire pensioner, who broke a bone in his foot after he slipped on a wet floor in Tesco, has been awarded an undisclosed four-figure settlement for his Tesco wet floor injury claim.

Ronald Fryer (80) from Whittington in Worcestershire was entering the Tesco store in St. Peter´s Drive, Worcester in October 2009, when he slipped on a wet floor by the entrance to the shop.

The former cricket umpire was taken to the Worcestershire Royal Hospital where X-rays revealed that Ronald had fractured a metatarsal bone in his foot.

After recovering from his injury, Ronald sought legal advice and established that he was eligible to make a Tesco wet floor injury claim due to a breach in Tesco´s duty of care towards its customers.

After protracted negotiations over how much compensation for slipping on a wet floor in Tesco Ronald should be entitled to, the company made a four-figure offer in settlement of Ronald´s Tesco wet floor injury claim which he was advised to accept.

A health warning has been issued by the Health Protection Agency (HPA) following the discovery of watermelon salmonella. Claims that the death of one UK resident and scores of food poisoning cases across Europe are attributable to the presence of salmonella in pre-wrapped Watermelons are being investigated by the Food Standards Agency and other international food safety authorities.

Thirty cases of food poisoning after eating watermelons have been reported in England and Wales, with many more across Scotland, Ireland and Germany. The cause of the watermelon salmonella is believed to be a lack of hygiene during the preparation stages, with the watermelons washed in dirty water or being sliced with a knife that had not been cleaned before use.

The strain of salmonella found in the sliced and pre-packed watermelons is known as Salmonella Newport, and many of the victims who have fallen ill with vomiting, diarrhoea, abdominal pain and fever had eaten a slice of pre-packed watermelon in the three days before they fell ill. It has not yet been confirmed where the infected watermelons originated from, but watermelon salmonella claims have been made that the produce was imported from Brazil in November 2011.

Supermarkets including Tesco, Sainsbury’s, Morrisons, Waitrose and the Co-op have been quick to issue press statements that their watermelons are free from the salmonella, however the most likely source of the infected watermelons is from snack kiosks and in cafes or restaurants where pre-packed watermelons are convenient to store and easy to serve.

Claims for watermelon salmonella compensation are anticipated from those affected by the bug, and will be made against the outlet from which they purchased the infected goods. One of the key factors that will determine whether victims of food poisoning are eligible for watermelon salmonella compensation will be the result of a sample test given to a doctor or their GP.

As the watermelon salmonella has already claimed the life of one victim, people experiencing the early signs of food poisoning are advised to see their doctor at the earliest possible opportunity and thereafter seek compensation claims advice from a personal injury solicitor.

A former Asda employee has been awarded 27,000 pounds in personal injury compensation after injuring her back when slipping on a broken egg in the store´s warehouse.

Irene Heslop (65) from Fallowfield, Greater Manchester, sustained her injuries in March 2007 while working as a bakery assistant in the Hulme Asda store in Greater Manchester. Doctors diagnosed her with a suspected spinal fracture which left her unable to walk long distances or carry heavy objects.

As her condition improved, Irene requested that Asda put her on lighter duties in order that she could return to work. The company refused, and Irene continue to draw Statutory Sick Pay until the six month period expired after which time she received industrial injury benefit at 24 pounds per week.

After seeking legal advice, Irene made a claim for personal injury compensation against the Asda store in Hulme which was supported by doctors at the Manchester Royal Infirmary. After conducting their own investigation, Asda acknowledged that Irene´s lifestyle had been seriously curtailed by the accident and agreed to a 27,000 pounds personal injury compensation settlement.

A grandmother, who slipped on a Christmas tree ornament and broke her thigh bone while accompanying her grandchildren to see Santa at Selfridges, has won her claim for broken femur injury compensation.

Joan Dufosse (73) from Southampton, Hampshire, was visiting the London store with her son, daughter-in-law and two grandchildren when the accident occurred in November 2009. After observing the children meeting Santa, the family were about to have a photograph taken when Joan was asked by an elf to step back and towards a corner.

As she did so, Joan slipped on a Christmas tree ornament which had fallen from the tree and fell to the ground. She was taken to hospital where she was diagnosed with a broken thigh bone and had to undergo surgery to plate and screw the fracture which, two years later, is yet to fully heal.

Joan made a claim for broken femur injury compensation against the company responsible for running the Grotto – Melbry Events Ltd – and at London´s Civil Appeal Court Lord Justice Rix allowed the claim, saying that Santa or the elf should have seen the Christmas tree ornament. He also dismissed a counter claim that Joan was partly to blame for not spotting the hazard herself.

A final compensation settlement for Joan´s accident in Selfridges is yet to be agreed, but is anticipated to be in the region of 30,000 pounds. If no negotiated settlement is found, Joan will have to return to the Civil Appeal Court in 2012.

A second major personal injury claim for a slip and fall in Asda´s Rivergate store in Peterborough has been settled for an undisclosed sum.

The store hit the headlines for the wrong reasons in June this year, when Peterborough County Court found in favour of Thomas Wardle and awarded him 10,500 pounds after he injured his back when slipping on a grape.

On this occasion the victim was 74-year-old Patricia Hill of Orton Goldhay, who hurt her knee and ankle after slipping on vegetables in a non-fruit and vegetable isle while shopping in May 2008. Mrs Hill was found to have a closed fracture of the tibial plateau on arrival at Peterborough General Hospital and had to remain in hospital for 5 days.

Three years of treatment later, Mrs Hill still suffers pain in her knee and ankle, and doctors have told her that she is likely to need knee replacement surgery in the near future and has a 50 per cent chance of developing osteoarthritis. Mrs Hill has no family living near her in Peterborough, and has had to rely on friends and paid help to help her with household and personal chores during her rehabilitation.

Asda agreed to a “substantial” out-of-court settlement, the details of which Mrs Hill did not wish to reveal, but the same supermarket store has a third slip and fall injury claim to contend with which is due to be heard in Peterborough County Court later this year.

An Asda shopper, who slipped on a grape and injured his back, has won a three year fight for personal injury compensation.

Thomas Wardle of Peterborough, Cambridgeshire, was shopping in the Rivergate branch of Asda in January 2008, when he slipped on a grape that had been left lying in an aisle and fell to the floor – badly injuring himself in the process.

After seeking legal advice, Thomas sued Asda – claiming that their lack of cleanliness had caused pain and suffering – and, at Peterborough County Court, a judge ruled in Thomas´ favour, awarding him 10,500 pounds in compensation and criticising the supermarket´s general record on health and safety.

The judge´s verdict may influence two further cases scheduled to be heard in Peterborough County Court later this year – both against the Rivergate branch of Asda, and both for injuries sustained due to a lack of cleanliness in January 2008

A Tesco worker injury claim has been resolved out of court after Tesco admitted liability for their employee´s injuries sustained in the supermarket store at Duloch Park in Fife.

Shona Foreman (35) from Alloa in Clackmannanshire made the Tesco worker injury claim after her hand was caught between two metal cages during a delivery to the store in 2006. As she moved to one side to allow a colleague through, the cage Shona was using was knocked into another, trapping her hand and causing a soft tissue injury and nerve damage.

Despite returning to work a week later with a plaster cast on her hand and a letter from her doctor, Shona was given a written warning for taking time off from work and made to work on the checkout – a role which involved lifting customer´s heavy shopping which aggravated the injury to her hand.

Due to the lack of care shown to her by her employers, Shona left her job and, after seeking legal advice, made a claim for injury compensation for an accident in Tesco on the grounds that unsafe working practices were used in the Duloch Part branch of Tesco, due to which her injury had occurred and was then exacerbated.

Tesco initially denied the claim for Tesco worker injury compensation but, shortly before the case was due to be heard in court, made Shona an undisclosed offer in settlement of her Tesco worker injury claim which she accepted on advice

A shop worker, who fell from a ladder while trying to retrieve a toy tractor for a customer, has been awarded 9,600 pounds in a court action against her former employees.

Elizabeth McLachan, 40, was working at the Early Learning Centre store in Parkhead Forge, Glasgow, in October 2007, when asked by a colleague for assistance in reaching a box that had been placed at the rear of a shelf.

Having unsuccessfully managed to reach it herself, Elizabeth – a mother of two – decided to climb down ladder she was using to reposition it at a more suitable angle. However, during her descent she fell and sustained soft tissue injuries to her lower back, calf and elbow.

It was discovered that the legs of the ladder were splayed and it was unsuitable for the job. Elizabeth telephoned her manager to report the accident and then sought medical attention at the A&E in Wishaw, Glasgow – returning to work the following Monday despite her injuries.

The court heard that although many of her injuries have now healed, Elizabeth still suffered pain in her lower back which prevented her from walking or driving for long periods of time without a rest. She also experiences difficulties in caring for her disabled husband and has to rely on her two teenage daughters for help with the housework and the shopping.

The Early Learning Centre admitted liability for Elizabeth’s injuries due to their breach of the Work at Height Regulations.