Negligence claims: occupier's liability. Иски о правонарушениях по небрежности: вина ответчика

Sandersons Solicitors telephone: +44 (0) 228.984 67

24-26 Cooper's Yard fax: +44 (0) 228 984.68

London email: enq@ss.uk

LG 663178J

Our Ref MCD/WAL.6-1 Your Ref —

15 March 20—

Bradleys Supermarkets plc

10-17 Hills Road

London

LG 78496K

Dear Sirs

Our client: Mrs Elisabeth R. Grey

Accident in Bradleys Supermarket on 14 December 20—

We are instructed by the above-named client in relation to an accident that took place in your store on 14 December 20—.

We are instructed that the circumstances of the accident were that our client was in the store picking up one or two things for dinner, when she walked around the corner from the cheese display into the bakery aisle and slipped on something on the floor. This later turned out to be sour cream. She fell and injured her right arm.

Our client experienced significant pain in her right arm and shoulder following the accident, and this did not improve overnight. Therefore, she went to see her doctor, who referred her to the hospital for physiotherapy and put her on a course of painkillers. X-rays taken at the hospital showed that she had sustained damage to her arm and shoulder muscles. The treatment is now finished, and our client is 75% recovered but is unlikely to recover 100% movement.

As a result of the accident our client was off work for six weeks and was unable to play bowls, which is her main hobby, during that period.

As you know, under the Occupier's Liability Act 1957 you have a duty to use reasonable care to ensure that the shop floor is kept reasonably safe and clear of spillages. The circumstances of our client's accident flow from a clear failure to do so. It follows that our client has a valid claim in negligence against you.

In order that we can advise our client further, please provide:

1. Accident book entry.

2. Cleaning records for the date of our client's accident.

3. A copy of the store's policy for cleaning the shop floor.

4. The statement signed by our client.

Please also provide details of your insurers. We look forward to hearing from you.

Yours faithfully

Sandersons Solicitors

Sandersons Solicitors

Bradleys Supermarkets plc telephone: +44 (0) 17422 548

10-17 Hills Roadfax:+44 (0)17422 549

London email: bradleys.co.uk

LG 78496 K

Our Ref TM/KL07311

Your Ref MDL/WAL.561

20 March 20—

Sandersons Solicitors 12-46 Cooper's Yard London LG 663178J

Dear Sirs

Re: Mrs Elisabeth R. Grey

Accident in Bradleys Supermarket on 14 December 20—

Thank you for your letter of 15 March 20—.

We now enclose the documents you have requested.

We would advise that our cleaning system is that once a day the whole store is thoroughly cleaned by contract cleaners, and during peak hours a member of staff is on site touring round the store and spot-cleaning where necessary. In addition, all staff are trained to be vigilant and to deal immediately with any spillages discovered.

We are advised by the store management that a member of staff would have been working in the area where the incident happened. Some customers may cause a spillage and fail to report it to staff for their immediate attention. The offending sour cream could only have been spilled moments before your client slipped on it.

Therefore, we regret that we cannot accept liability in this case.

Yours faithfully

Julia Turner

Ms Julia Turner Manager

Enc.

1. Copy accident book entry

2. Copy cleaning records

3. Copy store cleaning policy

4. Copy statement of Elisabeth R. Grey

Sanderson Solicitors telephone: +44 (0) 228 984 67

24-26 Cooper's Yard fax: +44 (0) 228 984 68

London email: enq@ss. uk

LG 663178J

Our Ref MDL/WAL.6-1 Your Ref TM/KL07311

29 March 20—

Bradleys Supermarkets plc 10-17 Hills Road London

LG78496K

Dear Sirs

Our client: Mrs Elisabeth R. Grey

Accident in Bradleys Supermarket on 14 December 20—

Thank you for your letter of 20 February 20—.

You have failed to specify when the particular aisle where our client fell was cleaned, nor have you provided evidence showing that a member of staff was actually on duty at the time as you state.

In addition, you have produced no evidence to support your assertion that the sour cream could only have been dropped minutes before our client fell. We would draw your attention to the case of Ward v Tesco Stores (1975) in which it was held that it is the defendant's responsibility to give an explanation to show that the accident had not arisen from want of care on their part, and that in the absence of such explanation the judge was entitled to conclude that the accident occurred because the defendant had failed to take reasonable care.

Yours faithfully

Sandersons Solicitors

Sandersons Solicitors

Bell Action Solicitors telephone: +44(0)2455378756

15 Henley Road fax: +44(0)2455378757

London email: info@ba com

LG 422FR

Our reference DAM/PL/11525

Your reference MDL/WAL.6-1

5 April 20—

Sandersons Solicitors

24-26 Cooper's Yard

London

LG663178J

Dear Sirs

Re: Mrs Elisabeth R. Grey

Accident in Bradleys Supermarket on 14 December 20—

We write to advise that this matter has been referred to us. All further correspondence should be sent to the above address.

We can confirm that we have now completed our investigations into this matter, and liability is admitted.

Yours faithfully

Bell Action Solicitors

Bell Action Solicitors

Sandersons Solicitors telephone: +44 (0) 228 984 67

24-26 Cooper's Yard fax:+44 (0)228 984 68

London email: enq@ss. uk

LG 663178J

Our Ref MDL/WAL.6-1 Your Ref DAM/PL/11525

8 April 20—

Bell Action Solicitors

15 Henley Road

London

LG 422FR

Dear Sirs

Our client: Mrs Elisabeth R. Grey

Your client: Bradley Supermarkets plc

Re: Accident in Bradley Supermarket on 14 December 20—

We write further in this matter and now enclose by way of service the following:

1. Witness statement of Elisabeth R. Grey dated 2 April 20—.

2. Schedule of special damages.

3. Medical report prepared by Richard Miller.

We look forward to receiving proposals for settlement within the course of the next 14 days, failing which we will take steps to issue proceedings.

Yours faithfully

Sandersons Solicitors

Sandersons Solicitors