Fall at swimming pool leads to compensation as duty of care breached

Through our HM Connect referral network, McSherry Halliday clients can have access to specialist personal injury lawyers. A recent case saw the team represent a lady who suffered a terrible injury when she fell at a public swimming pool on tiles that were not fit for purpose.

This case highlighted the need for owners and occupiers of public buildings and places to take all necessary precautions and procedures to ensure that members of the public are not harmed.

How did the accident happen and what injuries did the client suffer

The woman was attending an aqua aerobics class at a public swimming pool and her foot slipped from under her on a smooth tile, as she was leaving the pool, and she fell landing on her hands and knees, and caused jarring to her hip.

She suffered severe left knee pain, multiple abrasions to her left leg and both feet, discomfort in both hands and knees and an exacerbation of osteoarthritis in her right hip. The lady required to have remedial massage and manipulation to correct misalignment of her pelvis and required to take analgesics and painkillers.

The effects of her injuries were extensive. Her mobility was adversely affected – she was unable to climb stairs properly, had difficulty walking up inclines and carrying out simple personal tasks. Following the accident she walked with a severe limp. The most significant abrasion on the top of her left foot left her with a permanent scar.

Her quality of life was compromised. The leg pain she suffered affected her ability to sleep and caused severe discomfort. In addition, she was unable to fully engage in playing with her grandchildren and required help with domestic duties as she was unable to lift heavy objects and bend properly. Her hobby of gardening was significantly curtailed.

Falls in public places- what is the legal position?

The fall was as a result of a smooth tile being on the poolside that the public uses. All the other tiles by the poolside were appropriate, rough non-slip tiles.

Following the accident staff employed by the leisure centre advised that a box of equipment was usually placed over the smooth tile to prevent people from slipping on it. This practice breaches a duty of care owed to the public and was caused due to the fault and negligence of the Trust that managed the leisure centre.

They failed in the following duties of care:

• to take reasonable care for the safety of all visitors and users to the leisure centre;
• to take reasonable care to ensure that any hazards did not present a risk of harm to others;
• to ensure all visitors were made aware of any hazards;
• to take reasonable care to have an adequate system of inspection in place; and
• to take reasonable care to avoid causing injury to our client.

The duties of care listed above are common law duties, and there was also a breach of the statutory duty of care in terms of section 2 of the Occupiers Liability (Scotland) Act.  Section 2 outlines that an occupier of premises is required to exercise reasonable care to ensure that a person will not suffer injury or damage when in the premises.

The Claims Process

The specialists gathered evidence and intimated details of the claim to the occupiers of the leisure centre. The insurance company representing the leisure centre admitted they had breached these duties and admitted fault.

It is the duty of the person suffering any loss and injury to prove their case and provide evidence of loss. The team worked with the client to supply photographic evidence of the poolside and the client’s injuries. A medical report from a specialist consultant was instructed to narrate the injuries suffered by the client and long-term effects of her injuries.

The personal injury lawyers were able to recover compensation for the client for the following parts of her claim:

• her Personal Injury claim;
• recovery of physiotherapy costs;
• services provided to her by her family; and
• inconvenience.

The woman commented about the service she received: “During the claim process, my telephone conversations with the solicitor who was representing me were positive on every occasion and he listened to my opinions with patience during his regular updates. I was appreciative of his advice and his efforts to secure an increased compensation payment.”

If you wish advice on a personal injury claim we can refer you to a specialist personal injury lawyer within our referral network. Call 01563 533121 to be referred today.