Mrs R wins slip and trip claim in Asda securing £2200.00 in damages

Accident circumstances

Mrs R was shopping in Asda with her young daughter and was walking down the chilled produce aisle with her daughter in the trolley. All of a sudden Mrs R slipped on something wet on the floor and consequently fell to the ground. Her left foot made contact with the wet patch on the floor thus causing her left leg to slip forward and her right leg to stay behind her.  Mrs R gripped the trolley to stop herself from falling and also hit her knee on the wet floor.

After researching claiming for a slip in Asda Mrs R came across our website and after reading the other case studies she contacted our specialist litigation team and instructed us to deal with her occupiers liability claim.

Third party insurer’s position

The third party failed to provide a response within the given time and we had made contact giving them a further three months to provide a decision on liability. After constant chasers for three months the third party failed to respond which left us with no choice but to make a pre-action disclosure hearing.

Immediately after making an application the third party representatives responded advising they did not accept the incident occurred as a result of Asda’s negligence, stating the cleaning procedure in place was reasonable to all circumstances and discharging their duty stating they did not accept our client sustained such injury, and so denying full liability.

After receiving and reviewing the disclosure documents Sarah found their disclosure is flawed in certain aspects-

• The location of the incident on the incident report is stated as milk aisle. Our client stated that this is incorrect and also states that the incident was further up.
• Nobody at the time asked her to complete an accident report.
• Furthermore the Asda stated that the CCTV was viewed but no evidence of the incident was found and that the CCTV was now not available

How Clearwater Solicitors resolved the matter

The file was transferred to Sarah Jerram who specialises in dealing with supermarket claims.

–        Sarah questioned why the CCTV was not kept if it showed no incident happening as this would have aided their defence.

–        Sarah went back to the third party and found a number of holes in the disclosure documents and after constant negotiation and disclosure of our client’s medical evidence we still failed to receive any offers to settle the claim.

–        We put forward a part 36 to Mrs R to approve in the sum of £2200 in the hope that the third party would come back with reasonable offers. Mrs R felt the offer was too low and asked us to put forward £2400.

–        The third party came back with an offer in the sum of £2000 which Mrs R rejected and asked us to go back to them with an offer of £2200 which was agreed to by Asda’s representatives.

Mrs R was more than happy with the amount of compensation she received and was very grateful for all the work that had gone in to settling her claim. She felt as though she was kept updated and confident in us to settle her claim.

How Clearwater Solicitors can help you?

Have you suffered injury as a result of slipping or tripping in a supermarket? Contact our specialist personal injury solicitors and let us do all the hard work and secure the compensation you deserve. Telephone us on 08000 430 430 or click here to request a call back.