Ray Hudson acted for a client who sustained injuries primarily to their back at a restaurant. Our client alleged that the restaurant floor was highly polished and when they finished their meal they stood up, but slipped due to the condition of the floor.
At no stage was liability accepted and in order to secure a recovery on behalf of our client we issued a Court claim. After the accident our client had been told by a waitress that they were aware that the floor was slippery and the accident report book recorded that our client had slipped on a highly polished floor. It was understood that restaurant staff wore specific shoes due to the nature of the floor as a precautionary measure. We argued on behalf of our client that the restaurant owed a duty to them to keep them reasonably safe in using those premises and that they had failed to take adequate care for our client’s safety.
The most significant injury that our client sustained was to their lower back and specifically their coccyx, which is a very painful injury. This required detailed investigation and treatment. It was not until some 4 years after the accident that the long term effects of our client’s injuries became clear. In addition to claiming for personal injury, we put forward claims for medication costs, future expenses, travel costs, treatment costs and a claim for the help provided to our client by their spouse after the accident.
In order to help our client’s claim witness evidence was obtained from those people who attended the restaurant with them on the day of the accident. Despite providing supporting evidence liability continued to be denied and a Trial date was set. Ultimately, the Defendant accepted the validity of the claim put forward by our client. It was felt that the injuries our client sustained were worth around £8,000 and along with expenses and interest, their case was worth around £10,000 overall.
There were litigation risks in this case, such that we could not assure our client they would succeed. We therefore instructed a Barrister who assessed that the chances of success at Trial were 65%. An offer was therefore put forward of around £6,900, which was accepted by the Defendant.