Unbe-leaf-able Claims Fails

Article

28 January, 2016

Naylor v Asda

Barnsley County Court - DDJ Robinson

The claimant alleged that whilst shopping she slipped on a single leaf in the foyer area of the store and sustained an injury.

The Judge considered whether or not the system adopted by the defendant was adequate and reasonable. The Judge found that there was a comprehensive risk assessment, training procedure, training record, unchallenged time sheet and a responsibility on staff to clean through 'clean as you go'.

Whilst having great sympathy for the claimant, the Judge was not satisfied that the defendant had breached its duty towards the claimant. The claim was dismissed.

Forbes comment

We are delighted with the result at trial. There are often unrealistic expectations placed on large retailers, it is simply impossible to remove all risk if injury. Retailers are under a duty to take reasonable steps to ensure visitors are reasonably safe. The duty is not to take all possible steps, retailers must balance a variety of factors including the cost of each possible step versus the likelihood of risk and severity of injury.

For further advice please contact Judith Bloor

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