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Ellis outcome could mean more PI claims
29/08/2007
While Susan Ellis won her case against Bristol City Council for slipping on a wet floor in her workplace, a law firm has warned that the ruling could mean that solicitors could see an increase in personal injury (PI) claims for accidents in public places, too.
Ms Ellis sued the council after she slipped on the floor of the care home she worked in, as one of the patients had been incontinent.
After losing her initial case, Ms Ellis turned to the Court of Appeal, where legal wranglings concerned Regulation 12 of the Workplace (Health, Safety & Welfare) Regulations 1992, which states that floors should be 'suitable for the purpose' they are used for in the workplace.
The court agreed that the vinyl floors in the care home were unsuitable, since the council knew that many residents were incontinent and vinyl is a material that becomes slippery when wet.
Law firm DWF says that any premises in Britain and Northern Ireland where spillages occur should exercise caution, be it bathroom spillages or food and drink.
Dave Collins, principal safety consultant with DWF said: "Any organisation with premises where there are frequent spillages should now reconsider the suitability of the flooring in these areas. Where floors are regularly wet, this should be taken into account in the choice of materials to ensure they are safe to use in these circumstances.
"The courts now seem to be taking every available opportunity to reduce the scope of arguments which can be used by employers seeking to defend workplace claims and employers will need to be ever more cautious to protect their position."
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Ms Ellis sued the council after she slipped on the floor of the care home she worked in, as one of the patients had been incontinent.
After losing her initial case, Ms Ellis turned to the Court of Appeal, where legal wranglings concerned Regulation 12 of the Workplace (Health, Safety & Welfare) Regulations 1992, which states that floors should be 'suitable for the purpose' they are used for in the workplace.
The court agreed that the vinyl floors in the care home were unsuitable, since the council knew that many residents were incontinent and vinyl is a material that becomes slippery when wet.
Law firm DWF says that any premises in Britain and Northern Ireland where spillages occur should exercise caution, be it bathroom spillages or food and drink.
Dave Collins, principal safety consultant with DWF said: "Any organisation with premises where there are frequent spillages should now reconsider the suitability of the flooring in these areas. Where floors are regularly wet, this should be taken into account in the choice of materials to ensure they are safe to use in these circumstances.
"The courts now seem to be taking every available opportunity to reduce the scope of arguments which can be used by employers seeking to defend workplace claims and employers will need to be ever more cautious to protect their position."
Contact us for legal advice
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