Slip and fall on garden centre decking

Mrs X attended her local garden centre when she stepped onto wooden decking displaying reduced priced sale items. As she stepped onto the decking her right foot slipped from underneath her, causing her to fall suffering a nasty fracture of her right leg.

Mrs X suffered a very nasty broken leg requiring surgery and the insertion of metal plates and screws. After a long period of rehabilitation she made a reasonable recovery from her injury with the help of private medical care and assistance. Although the garden centre originally denied responsibility for the accident, we were able to achieve a successful outcome for the client after gathering evidence to show that there were no warning signs in place at the time of our client's accident, and that the defendant had failed to carry out proper risk assessments for customers or staff who were likely to walk and slip on the decking.

What did we do?

Access Legal from Shoosmiths wrote to the garden centre setting out the circumstances of the accident and why we considered it to be at fault.

We explained that the wooden decked area had become wet and slippery and had grown algae over the winter months, making it unsafe to walk on. The garden centre denied responsibility for the accident, alleging that it had a no entry sign next to the decking so that customers did not use the area during the winter.

We were able to prove that the sign was not clearly visible at the time of our client's accident, and that the decking had become unsafe for staff and customers alike. We were able to recover a significant amount of compensation for the client, both for her injury and to help her to fund private physiotherapy treatment to get her back on her feet as quickly as possible.

Who handled the case?

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 Access Legal from Shoosmiths' Law Society-accredited Connect2Law personal injury training programme.

Client testimonial

"I felt at all times that I was an individual, and felt relaxed when speaking with staff and Mr Baldwin. Responses to any questions I had were made very promptly, and in a manner I could understand and follow."

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