Leaking sink causes 12 month injury

Mrs Law instructed us to act on her behalf following an accident at work on the 12th March 2016.

Mrs Law worked in a Waitrose Café in Banstead as a Sales Assistant. As she was walking to the bread slicing machine she slipped on water on the floor and she fell hurting herself.Banstead

Mrs Law hit her head on a dishwasher as she fell, and she also injured her right shoulder, back, right buttock and bruised her right knee. An ambulance was called to work, and Mrs Law was attended to by the crew and re-assured.

As Mrs Law’s symptoms were not getting any better she made an appointment with her GP and was referred for x-rays and physiotherapy treatment. Mrs Law had to take 7 weeks off work because of her injuries and she found it difficult to drive for several weeks after that. Mrs Law found it difficult carrying out her daily living activities including cleaning and shopping and had to rely upon her husband to assist her. Her symptoms also affected her sleep and social life.

It was Mrs Law’s case there had been a leak from the sink for some time before her accident occurred, and she had slipped as a result of the leak.  Mrs Law also informed us that Waitrose was aware of the leak from the sink prior to her accident but failed to repair or replace it.sink

We submitted details of Mrs Law’s claim to Waitrose and they responded saying the accident was not their fault because there was no evidence of any water on the floor when Mrs Law fell. They also said they had obtained witness evidence from both the Duty Manager and First Aider to confirm this but did not provide us with their witness evidence.

We obtained instructions from Mrs Law in respect of Waitrose’s position and we returned to them requesting further documents, so we could consider blame further. They continued to deny that there was any evidence of any water on the floor but eventually accepted there was a problem with the sink leaking.

However, after further discussions and negotiations, we settled the issue of fault and Waitrose accepted 80% fault for Mrs Law’s accident.

We arranged for Mrs Law to be medically examined and a medical report prepared in respect of her injuries. The medical expert confirmed in his opinion Mrs Law suffered bruises to her head, pain and headaches which continued for 3 weeks post-accident and at which time she made a full recovery from these injuries.

The injury to her right shoulder caused a sprain of muscles and ligaments around the shoulder joint. The medical expert confirmed the injury to her right knee caused a sprain of ligaments around the knee joint.

Mrs Law also suffered an injury to her lower back and right buttock area causing a sprain of the lumbar para spinal muscles and ligaments.

The medical expert confirmed all of Mrs Law’s remaining symptoms would settle within 6 to 12 months of the time he examined her.

Mrs Law made a full recovery from her accident related symptoms in line with the medical expert’s report and a settlement was received which included a claim for Mrs Law’s pain, suffering and loss of amenity but also a claim for the care and assistance provided to her by her husband following her accident, physiotherapy expenses and travel expenses.

Mrs Law said upon conclusion of her claim that she was: “very pleased with the service and very satisfied with the outcome”.

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