Slip Accident Claim After Falling On Broken Glass At A Bar

Our client was at a bar with family members to celebrate a family birthday. As she was getting ready to leave she was knocked by another person and slipped on a wet floor causing her to fall onto broken glass. Another member of the party later informed our client that the same man that had knocked her, had earlier knocked over a table of drinks that had smashed onto the floor in the area where she had fallen.

Our client suffered a cut to her knee and a fracture of her right elbow which left her unable to use her right arm for a period of time. This was particularly difficult as she had three young children at home.

How Tinsdills Helped

A claim was brought for breach of the Occupiers’ Liability Act 1957 alleging that the bar did not have a reasonable system of monitoring and cleaning the floor and had allowed a spillage of liquid and glass to be present.

We assessed the claim and submitted it to the venue who initially ignored correspondence. We then received notification that the bar’s insurers had gone into liquidation although the bar was still trading. Liability remained denied. We deal regularly with Occupiers’ Liability claims and believed that the claim had prospects and therefore obtained a medical report in respect of our client’s injuries and prepared a schedule of her losses and commenced court proceedings.

Outcome

We had previous experience of dealing with claims where the insurers has gone into liquidation and knew that the client could make use of the Financial Services Compensation Scheme should a claim be successful. We proceeded with the litigation and before a Trial took place, negotiated a settlement with the representatives of the FSCS who paid the compensation.

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