Oliver Chapman, specialist personal injury lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, secured a settlement for a claimant who was injured when she slipped at Sainsbury’s supermarket and suffered a fractured elbow.
The claimant, who was in her 60s, was walking over the paved area immediately outside the Sainsbury’s supermarket in Tunbridge Wells when she slipped and fell to the floor.
An immediate inspection revealed that a section of the paved area was covered in a lubricating substance which made the surface very slippery. A cleaner was using a ride-on floor cleaner to clear a prior spillage at the accident site and it is likely that the floor was slippery because of the spillage or the cleaning products used. The cleaner had failed, by means of barrier or otherwise, to cordon off the area to prevent customers from walking on the slippery area. The cleaner had also failed to warn customers, by means of notice or otherwise, that the condition of the floor was dangerous.
The claimant suffered a displaced, comminuted fracture of her right elbow which required surgical repair and the application of a plaster cast.
We were instructed under a conditional fee agreement (no win no fee) and initially wrote a letter of claim to Sainsbury’s who denied liability as they contracted their cleaning services to another company. A second letter of claim was sent to the cleaning company and liability was admitted.
The claimant was examined by a consultant orthopaedic surgeon who noted ongoing discomfort in the elbow and advised that such symptoms were likely to settle 18 months after the accident.
We negotiated a settlement of over £26,000 which included money to go towards potential future surgery to remove the metalwork. The case settled without the need to issue court proceedings.
Oliver Chapman specialises in tripping and slipping cases. If you would like to ask him a question about a personal injury case, or if you have a general query about any personal injury, please contact him on 01892 701234 in confidence.