NO COMPENSATION AWARDED FOR SLIPPING ON A GRAPE

April 1st, 2008 Hinchliffes

An accountant’s recent claim for personal injury compensation against Marks and Spencer was lost when the High Court were not persuaded that the store was responsible for the slipping accident he suffered in their car park.

Alexander Martin-Sklan claims that a squashed grape had become attached to his sandal while he was inside the store and while in their car park this caused him to slip. As a result he tore a tendon. However, the evidence presented at Court was insufficient for the Judge to conclude that the grape had actually become attached as alleged.

Deputy Judge John Leighton Williams QC said: ”In my judgment it was one of those accidents that could happen to anyone.” In other words, he could attach no blame to either party and concluded that it was just a pure accident.

COMMENT:-

This is not the first time that a claim has been made against Marks and Spencer because of injuries suffered in slipping accidents caused by a grape. In 2004 a woman received accident compensation after she injured her back when slipping on a grape that had found its way into the clothing area in a Colchester store.

Whether such claims will succeed depends entirely upon the circumstances of the accident. Shoppers often slip on spillages or debris within shops, or trip over loose packaging or other obstacles. Most shops have an inspection and cleaning policy, which if reasonable and property operated could provide them with a defence to the claims. However, if there are no procedures for keeping the floor clear, or the policies are not actually put into practice with sufficient care, a shopper who suffers injuries in an accident could expect to succeed in their claim and receive injury compensation.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have been injured in a slipping, tripping or falling accident, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.

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.