The woman had been shopping in Iceland on the evening of a cold January day. She was returning to her car that was parked in Iceland’s car park. The car park surface was covered in ice and had not been gritted. She slipped on the ice and fell onto her outstretched right hand, close to the trolley park.
She tried to treat herself at first, bandaging her hand and taking paracetamol, but the pain did not recede. She visited hospital, where, after x-ray, she was diagnosed with a possible fracture and her hand was put in a cast.
Jonathan’s client returned to the store three days after her accident to report the accident. Iceland’s manager told her that the company was not responsible for the car park, hence it had not done any gritting.
It transpired that the car park is Iceland’s responsibility. Jonathan’s client states that there had been other similar complaints to hers and that Iceland staff refused to park in the car park or collect trolleys from it as it was unsafe.
Jonathan wrote to Iceland claiming that the accident was due to its negligence and breach of statutory duty as, amongst other issues, it had not:
- cleared the ice or gritted or salted the car park
- provided a safe route for pedestrians who needed access from the car park
- followed the contingency planning within its own risk assessment that said it should grit pedestrian areas – including trolley parks
- taken reasonable care to ensure the safety of its premises
Iceland denied liability and Jonathan issued proceedings. The case was heard in County Court and Jonathan’s client was awarded £5,500 in compensation.
The owners of shops and supermarkets are responsible for the safety of their visitors – that includes visitors using their car parks and pavements. All such establishments should have a risk assessment that will say what should happen in certain circumstances. If you have been injured in such a place and you felt that it was not your fault, contact our experts now. We will provide a free interview in which we can discuss your case and, if we can take on your case, we will offer you a no-win, no-fee arrangement. You can find out more about making a personal injury claim on our web pages.
Author: Jonathan West, partner and personal injury solicitor