Our client, Mr Nelson, was on holiday in Edinburgh when he suffered a fall in a shopping centre. He consulted his union for assistance and they referred him to Thompsons Solicitors in Scotland.

The background

On 13 July 2019, Mr Nelson was with his wife and family members during a visit to the Ocean Terminal Shopping Centre. When they had finished their visit, the family used an internal stairwell lit by sensor lights to return to their car in the shopping centre carpark.

As the family made their way down the stairs, the lighting failed and Mr Nelson was left in darkness. He lost his footing and fell down approximately six steps, landing on the concrete floor at the bottom.

On speaking to a member of the security team following the fall, it was admitted that staff knew about the problems with the sensor lights.

Our client was taken by ambulance to the Edinburgh Royal Infirmary where his wounds were treated and he underwent a brain scan.

The consequences

Mr Nelson suffered a de-gloving injury to his arm and a laceration to his head. He was very shaken up.

Thankfully the physical injuries have healed well, but Mr Nelson suffered an adjustment disorder following the fall. He lost confidence in his walking ability and now uses a stick; he also has ongoing memory problems.

The settlement

Thompsons' personal injury solicitors intimated an occupier's liability claim against the shopping centre as it was clear that the problem with the lighting was an ongoing issue. The defender admitted liability pre-litigation and a personal injury compensation settlement sum of £23,500 was made.

Our client was pleased to accept this offer and settlement was agreed on 27 May 2021.