‘I Lost My Independence Overnight’: Specsavers Customer Awarded £60k After Fall

Client Stories

A routine eye test at high street optician Specsavers changed Peggy’s life when she fell in a cramped examination room and seriously injured her arm.

After the accident, the active social life she had enjoyed since retiring came to an abrupt end. She lost her independence and relied on the care of her husband.

It was Specsavers’ approach to health and safety that made her determined to take a stand. With support from Express Solicitors, she pursued a personal injury claim to help prevent similar accidents happening in future.

The Accident

Retired executive PA Peggy Elliott was attending a routine eye test at a Specsavers concession store in a Sainsbury’s Superstore in Talbot Heath, Dorset in December 2022.

After her initial pre consultation tests she slid off the bench as instructed and caught her foot on a table leg.

With no room to move she put her arm out and hit her head on the wall before collapsing on the floor. Peggy said: “I hit my head and fell, then I woke up with the most horrendous pain I have ever known. I instinctively knew I had broken my arm which I had put out to steady myself and had twisted the bone but didn’t know just how badly.”

She had to wait two and half hours for paramedics to arrive and in the meantime was supported by a member of the public.

“It was very cramped and uncomfortable in that room for so long,” she added.

She suffered injuries to her arm, shoulder and head. A later hospital x-ray revealed that Peggy had sustained a substantial fracture to her right arm.

The Impact

“Overnight my life dramatically changed. I had a restrictive brace on which went over my arm and back for four months. I was always very independent, but I lost all my independence after falling. I had to rely on my husband to do everything for me and around the house. Silly things like washing my hair and getting dressed. I also couldn’t do any housework, cooking or walking the dog. I had to sleep sitting in the chair downstairs for the first week after I was injured. Then my husband and I had to sleep in separate bedrooms for the first time for the next few months, as I had to continue sleep sitting up which meant I only got a few hours sleep a night.” said Peggy.

It wasn’t just her life that was impacted, the toll of the injury also changed her family life.

“I was normally so active, but I couldn’t do my normal things. I used to be an executive PA and since I retired, I have never been so busy. I have been very sociable with family, and with the grandchildren. I just couldn’t go out and do the normal stuff I do with them. And I had to put off meeting with friends it was very frustrating,” added Peggy.

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Making a personal injury claim

In the immediate aftermath, Peggy says she wasn’t even thinking about making a claim.

“If they had shown any concern or compassion, it would never have occurred to me to start a legal claim.

“I am a very private person, and the thought never came into my head. But when no-one even bothered to ring after I was injured to see if I was ok or even write an email it started me thinking. It was awful customer service especially as I was a loyal customer for over 20 years. They had all my details on file – it wasn’t as if I had walked in off the street for the first time.”

Taking a stand

As the weeks rolled on, she started worrying about other people being injured in the same way.

“My husband rang the store and asked if they had fixed the issue, and they suggested they wouldn’t change anything. I knew then I needed to make a stand, as they are a well-known high street chain and are supposed to look after people visiting their stores. I was worried that if things weren’t changed it could happen to someone else, perhaps with even more serious injury. It took me nearly six months of pondering but then I knew I had to do something. So I contacted the lawyers.”

Making a claim

Sarah Mawdsley, Principal Partner, Occupiers’ and Public Liability supervised the case.

“Making a claim against a large company like Specsavers can feel daunting. But often, it takes someone like Peggy to initiate a claim to prompt a change in their attitude to health and safety, rather than simply sweeping the issue under the carpet.

“Helping people rebuild their lives after injury is central to what we do, but just as important is the wider impact. Claims like Peggy’s can encourage companies to take responsibility and improve their health and safety practices to prevent others from being injured.

“We have extensive experience in taking on large companies and do not give up at the first hurdle. Specsavers’ denial of liability from the outset did not surprise or deter the team. It only strengthened our resolve to support Peggy and ensure she received the compensation she rightly deserved.”

Recovery

Peggy is mostly recovered from the accident but still has pain in her arm.

She said: “The accident has really sapped my confidence. I am much more wary when I am out now and don’t take anything for granted. I lost a year of my life over that accident. And I have been left with a lump under my skin on the bone in my arm which is still very sensitive and can be quite painful at times. But I am just glad to have made a difference as I am told they have now changed the layout in that room so at least that is a positive and no one else will get hurt like me.”

Compensation and Service

Peggy was awarded £60,000 in compensation and is now looking forward to enjoying her retirement again and life with her four grandchildren.

She said: “This wasn’t about money, it was to prevent another accident.

“Every time I spoke to someone (at Express), they were always very professional and courteous and kept me updated me on my case.

“My lawyer was very professional and explained everything in normal terms so I could understand. All my medical appointments were well organised. Overall, it was a great service and I would definitely recommend Express to anyone looking for legal support.”

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If you’ve slipped, tripped or fallen and suffered injuries that weren’t your fault, you may be able to claim compensation. Our team is on hand to listen to your story and assist you in making a personal injury claim. Start your claim today. Contact Us | Express Solicitors

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