Egg-cellent Result!

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27 November, 2015

Learoyd v Co-operative Group Ltd - Halifax County Court

The claimant attended the defendant's store to pick up an Easter egg which was being donated by the store. The claimant alleged that she slipped whilst walking over an area of floor. She claimed that she did not know of the spillage prior to the accident and that there was no warning sign in place to warn her of the danger.

The defendant admitted that prior to the accident a spillage had occurred and a member of staff had gone to get wet floor signs. Although there was no explicit warning sign in place, there was a trolley containing cleaning equipment, a bright yellow bucket and another member of staff on his hands and knees cleaning the spillage.

The judge found that the defendant's actions were entirely reasonable in all the circumstances. The danger was clearly visible to the claimant. The judge was of the view that there was nothing more the defendant could have done. Clearly, warning signs would not have made any difference if the claimant had not even noticed the person stood next to her mopping up.

Forbes comment

The defendant was able to provide CCTV footage to support its case. The claimant had contended that she was only stood next to the cleaner for a 'matter of seconds'. However, the CCTV footage showed a cleaning trolley directly in front of the claimant and the cleaner stood next to the claimant for a period of 44 seconds whilst wiping the floor.

CCTV footage can be crucial when defending retail claims, wherever possible, CCTV evidence should be secured at the earliest opportunity.

For further information please contact warren.smethurst@forbessolicitors.co.uk

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