Slip & Trip Accident Claims By Simon Lipscombe

An owner or person in control of any area where people are invited to enter are under a legal duty to ensure that those visitors are safe.

If they cannot avoid all dangers, they must at least take reasonable steps to ensure that the visitor is sufficiently protected from or warned of the danger.

Such dangers can take many forms, from puddles of water that could result in a slip to plastic packaging that could result in someone tripping over it.

A prime example is grapes being dropped on a supermarket floor. Grapes may not sound very dangerous, but if left on a floor they can be a major slipping hazard. In fact, grapes are well known to both the legal profession and supermarkets to be the major cause of slipping accidents in supermarkets.

When faced with a claim, it is a common reaction for such companies to claim that they have a system to ensure the area is kept clean and so have done all they can to keep the area safe.

Many stores, supermarkets especially, have cleaning rotas for staff to clean specific areas of the their store at regular intervals to prevent such accidents. What they often fail to prove, is that this system was in practice at the time.

People can help their claims in this regard. In a landmark case, one lady brought a claim for slipping in a supermarket which resulted in injury.

The supermarket in question claimed that it had a reasonable system for cleaning the store and should not be held responsible, as they had taken reasonable steps to make the area safe by having their staff follow a “Clean As You Go” policy.

However, the lady herself went back to the store and made notes on how well the staff stuck to their cleaning system. It soon became clear to her that the staff did not follow the system as strictly as the supermarket claimed, as she noted that spillages were often left for prolonged periods of time. Not only did she note how long hazards were left for, but she even told members of staff of these hazards and noted how long it took them to respond.

The case proceeded to trial. The Judge was so impressed by this lady’s work that he accepted her evidence and ruled that although the supermarket had a system, it was not put in practice thoroughly and therefore they had not taken all reasonable steps to ensure the safety of their visitors.

The lady’s claim was successful.

Whilst solicitors will do all they can to help their clients, clients can help themselves too and can sometimes make or break their own claim.