HM Insights

Occupiers Liability - achieving settlements without the need to go to court

Our specialist Occupiers Liability team represented a lady who sustained injury as a result of a fall in a supermarket. They used the Pre- Action Protocol terms to ensure that liability (fault) was admitted.

Personal Injury Slip Claim

Facts of the case

Our client was a 70-year-old lady who fell as a result of debris in the aisle of a supermarket in which she was shopping. She slipped on this debris and fell backwards, banging her head. She was taken to Accident & Emergency by ambulance.

This lady suffered concussion, headaches, neck pain and had a large lump on the back of her head. Following treatment at hospital she required assistance with household tasks from her daughter and required eight sessions of physiotherapy.

Pre-Action Protocol

In Scotland there is a mandatory Pre-Action Protocol, the terms of which should be adhered to by solicitors, insurance companies and similar defenders, in relation to Personal Injury claims. When our Occupiers Personal Injury team were instructed by our client they immediately intimated details of the client's claim to the supermarket.

The supermarket had an in-house legal team who confirmed that they would deal with the case in terms of the Pre-Action Protocol. The Protocol allows the defenders of the claim three months to investigate and confirm their position in relation to liability (fault for the accident).

Admission of liability

We worked with the in-house legal team who represented the supermarket to ensure that the three-month period was adhered to and within three months the supermarket confirmed that they accepted fault.

In terms of the Protocol it is a requirement that the legal representatives of someone who is injured sets out what duties of care were breached. In this particular case the breaches were:

  • Failure to take reasonable care to ensure that the floor of their premises was clear and free of hazards;
  • Failure to have a safe and reasonable system of inspection in place; and
  • Failure to have suitable warning signs in place for debris being present.

Settlement of our client's case

Following the admission of liability by the in-house legal team on behalf of the supermarket we were able to negotiate a fair and reasonable settlement for our client. In terms of the Pre- Action Protocol, it is incumbent on the solicitors who are pursuing a claim for a client to exhibit evidence in support of each part of the client's claim.

We settled our client's case in respect of Personal Injury and Services within the scope of the Pre-Action Protocol and without the need for litigation (court action).

Contact our personal injury solicitors

If you've suffered a similar injury solicitors in our Occupiers Personal Injury team can help you secure the justice and compensation you deserve. Get in touch now for a free chat about your claim. Call us free on 0800 904 7777 or find out more information about the personal injury service we provide.