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Catering assistant fell on freshly mopped kitchen floor

By Philip Baldwin
Published: 05:02PM BST 08 Jul 2010


Mrs X worked as a catering assistant. As she walked around the food counter in the kitchen area she slipped on a damp tiled floor that had just been mopped. She caught her arm it in the tray rail causing a nasty fracture of her wrist.

What we did

Shoosmiths wrote a detailed letter to Mrs X's employer explaining exactly how the accident had happened and why we considered them to be at fault. The letter was passed to employer's insurance company, which investigated the claim on behalf of the defendant.

We were able to obtain records showing that the floor surface in the kitchen was in need of replacement. The records showed that previous managers had reported the problems with the floor since 1999, but that nothing had been done until after our client's accident.

After presenting the evidence to the insurers they admitted responsibility for the accident without going to trial. A negotiated settlement was agreed to compensate Mrs X for her injury and financial losses.

Background

Mrs X slipped on the floor which had just been mopped, but a Wet Floor sign was not properly displayed. Not only was the floor wet and slippery, it was also worn and in need of replacement.

As she fell, Mrs X put out her right hand out to save herself, catching it a tray rail at the side of the counter. She suffered a nasty fracture to her arm, giving rise to ongoing problems.

After obtaining a report from an independent medical expert, Shoosmiths was able to negotiate a significant out of Court settlement for Mrs X, which included compensation for her injuries, financial losses – including loss of earnings – and private medical treatment.

Case handler

This case was handled by associate Philip Baldwin, a Personal Injury department Team Leader. With more than 10 years' experience dealing with claimant and defendant personal injury claims, Philip is also responsible for Shoosmiths' Law Society-accredited Connect2Law personal injury training programme.

Client testimonial

Mr Baldwin's expertise in my case was exceptional and at all times he was professional.  I would like to thank him and all the team for an expertly done case and I am very happy with the result.

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