Thank you, Grant Evatt, for all you have done.
Local Gran's claim for compensation for slipping accident fails in Southampton County Court
Mon 28th Mar 2011 Personal injury
Reading the Daily Echo on Friday 25th March 2011, I was interested to see that a local Grandmother had failed in her claim to sue the event organisers of Selfridges Christmas Grotto for compensation for a fractured left leg. She had slipped on a stray tree bauble whilst she and her family were having a photograph taken in the grotto in November 2009.
District Judge John Sparrow sitting at Southampton County Court said in his verdict, that whilst he accepted that there had been an injury caused by the bauble there was no breach of duty. The events company relied on evidence at the hearing that risk assessments had been carried out .The court also heard evidence from Santa Actor and his Elf that they denied seeing any icicles on the floor before the accident and that they kept a clean grotto.
DJ Sparrow said " In my view this icicle was not in plain view ". The article reports that the decision may be appealed.
This to me highlights the difficulties in bringing claims for tripping and slipping accidents. Merely establishing that the accident happened and that the stray bauble or indeed lifted paving stone in Highway tripping claims is not enough to claim compensation. You also need to prove fault on behalf of the individual who has control over the land/ premises.
Ruth Johnson is a Solicitor in the Personal Injury team
Would you like us to call you back?
Call us between 8am and 6pm Monday to Friday, or use the enquiry form outside office hours
Or call us on 0844 620 6600