Occupiers Liability – Tripping Case
A lady aged 80 years went into Threshers wine shop. There was a raised lip to the entrance which was not highlighted or marked and there were no warning signs. The interior of the shop was very dark and there were lots of boxes located just inside the door. The lady stepped through the door but caught her foot on the raised lip and fell into the shop.
The lady suffered a fracture to the head of her left femur. She was taken by ambulance to hospital where she underwent a procedure to pin the femur. She was discharged from hospital but had to return for a second procedure when the pins dropped. She underwent a hip replacement.
She suffered DVT as a result of the surgery and re-admitted to hospital several times. She made a good recovery but was left with some mild on-going symptoms and will also use a stick.
The Defendants conceded primary liability but alleged 25% contributory negligence on the basis the lady should have seen the raised lip. This was not agreed and the issue remained outstanding.
The Defendants made an offer of settlement in the sum of £14,500.00 without sight of medical evidence. This was rejected and medical evidence obtained.
After some negotiation, settlement was agreed at £20,000.00 for general damages and £17,500.00 for past and future losses which consisted of gratuitous care from her sister and neighbour, mobility scooter and other aids and equipment and minor adaptations to her home. This represented the full value without any reduction for contributory negligence.