Our specialist Occupiers Liability team successfully represented a 65-year-old man who sustained serious and life-changing injuries as a result of a fall in a supermarket. Our team recovered a substantial five-figure sum for him.
Facts of the case
Our client slipped on debris in the aisle of a supermarket in Glasgow - a grill from a fridge/freezer which had been taken off and left unattended on the floor by a member of staff – and fell to the floor in excruciating pain. Unfortunately, there were no first aiders on duty at the time of the accident and management failed to follow proper procedure in reporting the accident. Paramedics were called to the scene and our client was immediately taken to hospital.
After X-rays it was confirmed that our client had broken two bones in his leg. Emergency surgery was required to insert pins and plates and despite being discharged following successful surgery, our client was rushed back to hospital due to medical complications. Following more hospital treatment he was referred for physiotherapy.
Our client continued to visit his GP and required extensive assistance with day-to-day living from his wife. Following an 18 month recovery period, our specialist team successfully settled the claim.
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 Personal Injury team was instructed by our client they immediately intimated details of his claim to the supermarket.
The supermarket referred the details of the claim to their insurers. The insurers 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
Our team worked with the insurance company to ensure that the three-month period was adhered to. Within this time period the supermarket admitted liability - they accepted that the accident happened as a result of the negligence of their employees.
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 suitable warning signs in place for debris being present; and
- failure to ensure a first aider was on-duty and that proper procedure was followed.
Settlement of our client's case
Following the admission of full liability, 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.
Contact our personal injury solicitors
If you've suffered a similar injury, solicitors in our Occupiers Liability 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.
- Call us on 0800 904 7777
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- Text claim to 80160 and someone will call you back
- Book an appointment