Janet from Manchester was walking down the aisle to purchase a carton of milk when suddenly and unexpectedly her left foot slipped from underneath her, causing her to fly up into the air and backwards landing heavily on her bottom and her right arm.
Subsequent examination of the floor discovered that Janet slipped on a prawn tail, with half of this remaining on the bottom of her left shoe. The prawn tail was collected by the Health and Safety Officer at the supermarket.
The Defendants denied liability. They accepted that there was a prawn tail on the floor upon which Janet had slipped but advised that they had an employee working on that aisle at the time who had checked just prior to the accident and the floor was clear of hazards.
The Defendants argued therefore, that the offending prawn tail must have been on the floor a very short time. They also relied on their system of cleaning and their “clean as you go” policy stating that they had discharged their duty to make the premises reasonably safe for visitors.
Janet was taken to the local Hospital and was diagnosed with a significant fracture of her right wrist as a result of which she underwent surgery had 3 K wires placed in the wrist. She was later placed in a below the elbow cast and subsequently provided with a splint and referred for physiotherapy.
The supermarket subsequently made an offer to settle in the sum of £7,000 which was accepted by Janet in settlement of her injuries and financial losses.
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