A woman, who injured her lower spine when slipping and falling in a Stop & Shop store, has settled her injury claim for a slip on a grape in a supermarket.
Bonnie Gutierrez (50) was shopping with her husband – Milton – on 31st October 2010 at her local Stop & Shop. As the couple waited their turn by the checkout, Bonnie walked into the adjacent land to throw an item into a wastebasket.
As she moved towards the wastebasket, Bonnie slipped on a grape on the floor and fell hard on her back. She was taken to a nearby emergency room by ambulance, where she was treated for pain in her lower back, x-rayed and advised to see an orthopedist.
The orthopedist diagnosed Bonnie with an annular tear and a herniated disc, and administered a course of treatment which included four epidural steroid injections, three nerve blocks, and two discograms. Bonnie also underwent lumbar fusion surgery and a year of physical therapy.
However, none of the treatment has been able to relieve Bonnie of a pain in her back. Since her accident, the ongoing pain has prevented Bonnie from returning to work. She is unable to bend or lift, cannot sit or stand for long periods of time, and experiences broken sleep because of the pain when she changes position.
After speaking with a lawyer, Bonnie made an injury claim for a slip on a grape in a supermarket – alleging that the floor surface in Stop & Shop was hazardous. Bonnie claimed in her action that both she and her husband had seen squashed grapes on the floor by the checkout, and that there were dust balls and other unidentified debris littering the supermarket.
Stop & Shop denied negligence and disputed the injury claim for a slip on a grape in a supermarket. Stop & Shop argued that the floor of the supermarket was reasonably clean and that Bonnie was the creator of her accident by failing to watch where she was going. The supermarket also claimed that Bonnie was comparatively negligent.
With the dispute of liability continuing, a date was set for Bonnie´s injury claim for a slip on a grape in a supermarket to be heard at the Somerset County Superior Court. However, shortly before the hearing was scheduled to commence, Bonnie agreed to an out of court settlement of her claim amounting to $950,000.
A pensioner, who fell and broke her shoulder on a shopping centre travelator, has been awarded 30,000 Euros in compensation for fall on the moving walkway by a judge in Dublin.
At the Circuit Civil Court in Dublin, Judge Jacqueline Linnane heard how Rosaleen Hill (79) of Terenure in Dublin had been returning to the underground parking lot of the Ashleaf Shopping Centre in Dublin, when the shopping trolley she was taking down to her car started to run away from her. As Rosaleen struggled to hold on to the shopping trolley, she fell and was dragged along the moving walkway – severely lacerating her knee and breaking her right shoulder in three places.
After receiving treatment for her injuries, Rosaleen sought legal advice and made a claim for fall on moving walkway compensation against the Ashleaf Shopping Centre, the company responsible for managing the shopping centre – Kessow Limited – and Dunnes Stores, the store in which she had been doing her shopping. Dunnes Stores denied their liability, claiming that the trolley which had been responsible for Rosaleen´s injuries was not one of theirs.
Judge Jacqueline Linnane heard testimony in court from a forensic engineer that the rogue trolley selected by Rosaleen from a shared shopping trolley area was fitted with smooth wheels and unsuitable for a downhill moving walkway. The forensic engineer explained that the type of shopping trolleys supplied by Dunnes Stores were fitted with corrugated rubber wheels which locked into the surface grooves on the moving walkway.
His evidence was supported by the testimony of the manufacturer which supplies Dunnes Stores with their shopping trolleys who explained to the court that their company had never supplied Dunnes Stores with the type of trolley responsible for Rosaleen´s accident. Judge Jacqueline Linnane determined that the likelihood was that Rosaleen had collected a trolley which had been deposited by shopfitters working at the store and dismissed the case against Dunnes Stores.
However, the judge found Gary Smith, trading as The Ashleaf Shopping Centre and Kessow Limited jointly negligent for failing to provide Rosaleen with a safe environment in which to shop and ordered them to pay Rosaleen 30,000 Euros in compensation for a fall on a moving walkway.
A fine of 48,000 pounds has been imposed for unreported work accidents in a Tesco grocery store after a health and safety investigation by Bracknell Forest Council.
The council discovered three specific incidences of the company “failing to report an accident to the relevant enforcing authority” between May 2009 and March 2010 and health and safety offences in the Tesco store at Warfield in the area reserved for the loading and unloading of vehicles.
The council claimed that the work accidents at the Tesco grocery store were due to Tesco´s failure to provide adequate training, supervision and information to their staff and also for the grocery store´s failure to eliminate risks posed by using an unsafe practice for unloading delivery vehicles.
Tesco admitted that they had failed in their duty of care towards their employees and that their negligence had caused injuries sustained at work in Tesco. The company was fined 48,000 pounds and ordered to pay 25,000 pounds in costs to Bracknell Forest Council.
Speaking after the work accidents in Tesco grocery store case had been heard, David Steeds, Bracknell Forest’s head of environmental health, said “It’s vital that companies stick to health and safety rules so their employees remain out of danger at work. Unfortunately, Tesco failed to keep to these rules and, as a result, employees were injured – quite seriously in one of the cases – or put in harm´s way.”
A pensioner, who fractured a metatarsal bone in his foot after slipping in his local Tesco grocery store, has been awarded compensation from Tesco for a slip on a wet floor.
Ronald Fryer from Whittington in Worcestershire was visiting his local Tesco grocery store in St. Peter´s in October 2009 when his unfortunate accident occurred. On entering the grocery store, he slipped on a wet floor and fell heavily.
X-rays taken at the nearby Worcestershire Royal Hospital revealed that Ronald had sustained a fractured metatarsal bone in his foot – leaving the eighty-year-old immobile and in a significant amount of pain.
Ronald spoke with a lawyer after his discharge from hospital and discovered that he was entitled to make an accident in Tesco claim for Tesco´s breach in their duty of care to provide customers with a safe environment in which to shop.
Tesco initially denied their liability for Ronald´s injury but, after several years of negotiations, Ronald received an offer of compensation from Tesco for a slip on a wet floor which he accepted under advice from his lawyer.
The Food Standards Agency is investigating salmonella in watermelon claims following the death of one person and thirty other reported cases of food poisoning in the UK relating to pre-packed ready-to-eat watermelon slices.
Cases of similar illness have also been reported in Germany and the Republic of Ireland, and officials at the Health Protection Agency are treating the outbreak of salmonella poisoning with particular caution – issuing advice to wash all fruit and vegetables thoroughly before eating them.
The origin of the salmonella contaminated watermelons is not yet firmly established, but they are believed to come from a food preparation unit in Brazil; where the watermelons may have been washed in unclean water or cut with a contaminated knife. Of the thirty people known to have developed the “Salmonella Newton” strain of salmonella, fifteen have confirmed that they had eaten watermelon within the preceding week.
The salmonella in watermelon claims victims in similar ways to other strains of food poisoning, with victims suffering from diarrhoea, vomiting, fever and abdominal pains which last from four to seven days. Some people will need a course of antibiotics to prevent complications such as septicaemia and infection, and people recognising the early symptoms of food poisoning are advised to seek medical attention immediately.
Subject to the medical prognosis, it will be possible for salmonella in watermelon claims for compensation to be made against the retail outlets responsible for selling the contaminated watermelons. This is most likely to be snack kiosks or small shops with self-service fridges rather than the larger grocery stores, although some cafes and restaurants may also be liable if they have served the contaminated watermelons on their premises.
In order to assist with determining liability and the preparation of injury compensation claims, those suffering from salmonella in watermelon food poisoning are advised to speak with a lawyer at the earliest possible opportunity.
A woman, who sustained shoulder and hip injuries when slipping on the access bridge to a Leicestershire shopping centre, has secured a settlement for falling on wet floor in a shopping centre against the owners of the site.
Gweneth Bowler from Quorn in Leicestershire was visiting the Highcross Shopping Centre in Leicester with her daughter when the accident occured in January 2011. The 64-year old grandmother was crossing a covered walkway which connects the shopping centre parking lot with the shops, when she slipped on a wet surface and fractured her right shoulder and hip in the fall.
While recuperating from her injuries, Gweneth wrote to Leicester City Council about the hazard, prompting the council to initiate a health and safety inspection. The inspection revealed several areas where the owners of the premises – Hammerson PLC – were failing in their health and safety obligations including a lack of cleaning to prevent the floor surface of the walkway from becoming slippery in bad weather.
After taking legal advice, Gweneth filed a claim for slips, trips and falls compensation against Hammerson PLC and, with negligence by the owners already established, the claim was quickly resolved for an undisclosed amount.
A former Tesco employee who made a claim for Tesco worker injury compensation has accepted an undisclosed settlement shortly before her claim was due to be heard in court.
Shona Foreman (35) from Alloa in Clackmannanshire made the claim for Tesco worker injury compensation after her hand was damaged during a delivery to the Duloch Park superstore in Fife. As the delivery was being made, Shona had moved to one side to allow a colleague to wheel their cage through to the warehouse. Due to the limited amount of space available, Shona´s colleague´s cage caught her own, and Shona´s hand was trapped between the two.
Shona was taken to hospital by her manager, where she was diagnosed with nerve damage and a soft tissue injury. However, on her return o work the following week, Shona was assigned a checkout role – which involved lifting heavy articles of customer´s shopping – which exacerbated her injury. Despite working through the pain with the assistance of painkillers, Shona also received a warning about the amount of time she had taken off from work.
Shona quit her job and, after seeking legal advice, made an accident in Tesco claim on the basis that her initial injury was caused by unsafe working practices at the Duloch Park store and that the injury had been aggravated by Tesco´s breach in their duty of care. Tesco initially denied the allegations but, shortly before Shona´s Tesco worker injury compensation claim was due to be heard in court, Tesco admitted their liability and made an undisclosed offer of Tesco worker injury compensation which Shona accepted on advice from her lawyer.