Supermarket Slip, Contractor Responsibility and Quantum
A 68-year-old self-employed bookkeeper slips on a wet floor in a supermarket. A roof leak had been reported twice that week; a cleaning contractor had placed a wet-floor sign, but a staff member moved it to reach a pallet. The claimant fractures her wrist, needs surgery, and is off work for 14 weeks. She claims £85,000: £18,000 care, £22,000 lost earnings, £35,000 general damages, £10,000 miscellaneous. The supermarket's public liability insurer has a £10,000 deductible and a £2m limit. The insured admits the roof leak but says the contractor was responsible for floor safety. The contractor's contract says it must 'maintain safe walkways' but the supermarket controls store layout. Medical evidence supports a good recovery but some continuing stiffness. The claimant's earnings records are incomplete; she had two months of low income before the accident.
1. Assess liability, including the effect of the Occupiers' Liability Act 1957 and any contributory negligence.
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The supermarket is the occupier and owes a duty under the Occupiers' Liability Act 1957 to take reasonable care for visitors. It knew of the roof leak and had reports; moving the wet-floor sign removed the main warning. The cleaning contractor may share responsibility, but the supermarket controls the store and the layout, and it cannot simply transfer its duty to visitors by contract. Liability is likely to be admitted, with a claim for contribution against the contractor. Contributory negligence is possible only if the claimant failed to take reasonable care for her own safety; on these facts the sign had been moved, so any deduction should be modest, perhaps 10%. General damages for a fractured wrist with surgery and continuing stiffness are likely to be in the mid-range; the £35,000 figure is not obviously unreasonable but needs checking against medical evidence. The £10,000 miscellaneous figure needs itemisation.
2. Recommend a reserve strategy and how to handle the incomplete earnings claim.
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Reserve by head of loss rather than a single figure. General damages: £30,000 to £40,000 pending the medico-legal report. Care: £18,000 claimed, but check whether it is commercial care or family care and whether it is caused by the injury. Earnings: £22,000 claimed, but the claimant is self-employed with incomplete records; obtain tax returns, HMRC statements and accounts for three years, and adjust for the two low-income months. Miscellaneous: nil until itemised. Add defence costs and keep the £10,000 deductible in mind. Notify the contractor's insurer and preserve subrogation rights. Review the reserve after the medical report and at each stage; do not pay the full claim before validating the earnings.