The area where Ms A tripped in Tall Trees Restaurant

On a visit to the Forest Garden Centre in Matlock, Ms A stopped for coffee at the Tall Trees Restaurant, located within the garden centre.  Ms A was accompanied by her elderly mother, who was in a wheelchair.  As it was a nice summer day, Ms A put her mum at a table outside whilst she went inside with a member of staff to look at the display of cakes on sale.

Protruding metal runner caused trip in restaurant

The restaurant is split into two halves with partitioning doors between the two.  Half of the restaurant is in the main building of the garden centre and the other half in a conservatory area.  As Ms A crossed over a protruding metal runner on the floor where the doors would close, she fell forwards and into the display of cakes.  She wasn’t aware of the runner and the staff member hadn’t informed her about it.

Injuries to arm and back as a result of trip

Area after the restaurant had added warning signs

As a result of the restaurant trip, Ms A injured her left arm, forearm, hand and lower back. The back injury resolved itself within about eight to ten weeks of the accident.  However, a medical expert gave a prognosis that the soft tissue injury to the arm – which had been thought to be nerve contusion, but thankfully wasn’t – would last for about 10 months. The injuries meant that Ms A was unable to do many things for herself for some time and she relied heavily on her husband.

Restaurant denied liability

Ms A contacted Graysons to see if she was able to claim any compensation for the accident and Tracey took up the case.  She contacted the restaurant, which denied liability for the accident, saying that the defect was there to be seen and that there was a movable warning sign in place, which Ms A denies.   Following the accident (and, we understand, a further accident), the restaurant placed a caution sign on the metal runner.

Tracey Dickinson

Tracey negotiates settlement

Tracey issued court proceedings and the restaurant issued a defence.  However, a couple of weeks later the restaurant’s solicitor made an offer of £4,000 to settle the case.  After further negotiation, Tracey was able to agree a settlement of £4,750 and Ms A was very pleased with the outcome.

If you have had an accident in a public place, such as a restaurant, bar, shop etc., and you would like to know if you can claim compensation, contact our personal injury specialists now.  You can also find out more on our web pages.