Mrs G was successful in her claim for damages for the personal injuries she sustained following an accident on 8 June 2013 when she slipped on discarded grapes on the floor at her local Asda Store. Mrs G and her husband had carried out their shopping, as normal, and were leaving the checkout area when she slipped and fell to the floor sustaining injuries to her left ankle and knee. Upon looking at the floor it became apparent that a spillage of grapes had occurred earlier on, and that crushed grapes had been left on the floor as a result.
Mrs G instructed Martyn Prowel Solicitors to pursue a claim for damages in respect of the injuries which she had sustained. Janine Griffiths of Martyn Prowel Solicitors sent a Letter of Claim to Asda Stores setting out details of Mrs G’s accident and suggesting that the Store were responsible for the same on the basis that they had failed in their duty to ensure that visitors to the Store were reasonably safe and to take all reasonable steps to ensure that there was an adequate system for identifying and dealing with floor spillages.
Asda’s Solicitors responded confirming that they denied liability on the basis that they had in place a comprehensive cleaning system. Janine Griffiths of Martyn Prowel Solicitors was not satisfied that the documentation provided by the Solicitors acting for Asda showed a sufficient or adequate system of cleaning and suggested that, given that the accident location, at the checkout, should be considered a “high risk” area in respect of the potential spillage of soft fruit and food items, then anti-slip matting should be present at the checkout, in the same way as it is in place at the area of the Store selling those soft fruit items.
Unfortunately, the Solicitors for Asda continued to deny liability in respect of Mrs G’s accident. Janine Griffiths therefore proceeded to obtain the medical notes and records on behalf of Mrs G and instructed a Consultant Orthopaedic Surgeon to examine Mrs G and provide a Report in respect of the injuries sustained, to include the recommendation of any further investigation and treatment.
Eventually, Janine Griffiths wrote to Asda’s Solicitors confirming the intention to issue Court proceedings on behalf of Mrs G in respect of the injuries she had sustained. In response to that letter, Asda’s Solicitors responded and made an offer of settlement to Mrs G in respect of the injuries she had sustained.
Mrs G was awarded £4500 in full and final settlement of the claim for damages, together with the costs of the claim.
Janine Griffiths stated, “We were very pleased to be able to secure damages on behalf of Mrs G in relation to her injuries. The Store in question had, quite rightly, installed anti-slip matting at the area of the Store where customers would add items of soft fruit etc to their trolley, but had failed to consider the risk that spillages of such items would also be likely to occur at the checkouts. That particular Store appears to have had quite a high incidence of slipping accidents throughout the Store over a period of time and so it would appear that, despite their contention that they have in place a comprehensive cleaning system, they are clearly failing to adhere to that, or in the alternative, the system needs to be updated. Failure to do so means they are quite clearly putting customers at risk.