A customer has been awarded €70,000 damages by the High Court after suffering injuries in a slip and fall accident on a wet Supermarket floor.
The customer who was recovering from a hip operation claimed that the Supermarket was negligent in causing him to slip on a liquid spill. The Supermarket fought the case saying that the customer tripped on a pad which was underneath a freezer.
Delivering Judgement the High Court Judge said she had viewed CCTV footage of the accident and that it was beyond doubt that the customer lost his balance when his crutch gave way on a wet and slippery floor surface and not on a pad under a freezer. It was clear to her from the CCTV footage that the crutch slipped close to the pad but not on it. The CCTV footage was she said “the best evidence” in the case. The Judge said water should not have been on the floor. She found no contributory negligence on the part of the customer. She said that spot checks which should have been carried out in the normal course of events by Supermarket staff were not followed.
In awarding the injured customer €70,000 damages she noted that he had an existing knee condition and that he would now have to have knee surgery within the next 5 years rather than in about 15-20 years time if the accident had not happened.
Speaking about this latest decision from the High Court Liam Moloney Personal Injury Solicitor in Naas, Kildare said today “this decision shows the importance of obtaining relevant CCTV footage of an accident immediately after the accident happens.”
“Customers who are involved in an accident in a Supermarket or business premises where CCTV footage is available have a right under the Data Protection Act to a copy of that footage. A written request should be made in all cases where CCTV evidence can be the difference between winning and losing a case”.
“Supermarkets have a duty to ensure that their floors are not wet and dangerously slippy which can pose a hazard to unsuspecting customers. Supermarkets have to have an appropriate cleaning system in place to ensure that floors are regularly checked and if a spillage occurs hazard signs placed in the vicinity of the area”
Moloney & Co Solicitors in Naas Co Kildare have successfully represented many people who have unfortunately been injured as a result of slipping and falling on wet floors in Supermarkets, Hotels, Restaurants and other business premises.