APPEAL BY FLORIST TO AVOID PAYING ACCIDENT COMPENSATION IS LOST

June 18th, 2008 Hinchliffes

Chiltern Flowers, a florist at Marylebone Station in Central London, was ordered by the Court to pay accident compensation to a commuter following his claims that the company was negligent after he slipped on flower petals and fell onto his right hand and then his right knee, resulting in injury. The decision was appealed by the company, but the appeal was lost.

The original decision was made by the High Court last July. The company was found to be negligent in failing to have a reasonably effective and safe system for dealing with the potential slipping hazard caused by fallen petals.

As a result of the decision being upheld on appeal, the company will have to pay injury compensation to the injured commuter, Mr Brian Piccolo; however the amount of personal injury compensation to be paid has not yet been assessed.

COMMENT:-

On considering the matter, the Court of Appeal decided that although Mr Piccolo was aware of the flower display at the station, there should be no reason why he needed to look down at his feet when passing so that he avoided walking on the slippery fallen petals.

Evidence was provided that the company had in the past been told to keep the area clean and tidy, and that they were threatened with the revocation of their licence to trade.

This accident claim clearly reinforces the point that visitors to premises are entitled to assume they are safe. The fact that there were fallen petals on the floor created an obvious slipping hazard, which was sufficient for Mr Piccolo to succeed in his personal injury claim.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered injury in any type of accident, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation. All cases are dealt with on a No Win – No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.