£16k awarded to woman after slip on wet floor
Compensation of £16,201 was awarded in 2009 to a 22 year-old woman who was badly injured after slipping on a wet floor during her holiday.
The Claimant, aged 19 at the time of the injury, was enjoying a package holiday supplied and managed by the two defendants respectively.
The flooring at the top of a flight of stairs had been cleaned, however no wet floor signs or warnings were displayed beside the wet area.
The Claimant slipped on the wet flooring and fell down the flight of stairs. As a result she dislocated and severely injured her coccyx, and also sustained some soft tissue injuries and bruising to her elbow and hand.
She was hospitalised and treated upon her return home. The treatment included hormone injections into and manipulation of the coccyx. The treatment failed and the Claimant's coccyx was removed in 2007.
She suffered a neuroma upon the removal. The prognosis was that her condition may improve three to four years subsequent to the initial injury, but that her symptoms could be permanent.
What was alleged?
The Claimant brought an action against the first defendant, alleging that it had been negligent as its employees had failed to mop up or provide sufficient warning of the wet flooring.
She argued that both defendants had breached their duty under the 1992 Travel, Package Holidays and Package Tour Regulations.
The court relied on the cleaner's evidence regarding the defendants' ordinary procedure for the mopping of wet flooring and the use of warning signs.
The failure to erect wet floor/warning signs was negligent and would equally be deemed negligent in the country in which the injury was sustained.
By the time of the award the Claimant had to sit towards one side and was unable to carry out activities including driving, cycling and swimming.
At the hearing at Bristol County Court the judge concluded that the Claimant's symptoms would most likely persist.
Total damages of £16,201 were awarded, broken down in the following form:
- An award of £12,375 for pain suffering and loss of amenity (general damages)
- An award of £3,826 for miscellaneous past costs (special damages)