Morrison's Liable For Devon Pensioner's Fall Over Supermarket Trolley
Personal Injury Lawyer, Mike Clarke, from our Bideford office in North Devon, reports on a successful supermarket accident claim
A 76 year old lady injured in Morrison’s supermarket in Tavistock, Devon in November 2008 has been awarded compensation of £44,000 for serious arm injuries she suffered when she tripped over a low-level “flatbed” type supermarket trolley left in one of the aisles.
She had seen a product she and her husband wanted on one of the shelves and went towards it, not noticing the trolley in front of her. She fell and badly injured both arms.
Morrison’s insurers denied liability for the accident, claiming that this kind of trolley was common in supermarkets all over the country. However the Court of Appeal stated that just because that was so, did not mean it was safe for them to be used. The court stated that it was negligent of Morrisons to have used this type of trolley in this particular situation, where a shopper’s attention would probably be much higher up, focusing on the shelves and products.
However, the court did not say that it would always be negligent to use this type of trolley; nor that it was reasonable or necessary for a member of staff to always be standing by one to make sure nobody tripped over it.
This sort of accident case tends to be very fact-specific, so it by no means follows that anyone tripping over a flat-bed trolley in a supermarket will automatically have a claim in law. The Court of Appeal’s comments, though, have certainly strengthened claimants’ cases in relation to this type of supermarket claim, which are increasingly common.
If you have had an accident in a supermarket and wish to speak to a local specialist solicitor in Devon or Somerset on a free of charge, no obligation basis, then give us a call.
Exeter , South Devon and Torbay: 01392 423000
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