Shoulder Injury Claim After Slip on Wet Floor at Waverley Station

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Mrs J Goldie was referred to Thompsons Solicitors in Scotland through Unite, following a slip accident which occurred on Waverley train station, Edinburgh.

The background

On 28 January 2018, Mrs Goldie and her husband had been in Edinburgh and were due to return home on the train. It was a rainy day but the rain had stopped as they made their way to the station.

Mr and Mrs Goldie entered Waverley station via the stairs at the Princes Street entrance and, having descended two flights of stairs, proceeded to cross in front of the lift entrances. However, Mrs Goldie took a few steps and then slipped on a wet floor.

Our client fell forwards, landing on her left shoulder. She immediately suffered intense pain. A member of staff who assisted Mrs Goldie at the time, said the floor was prone to getting wet on rainy days. There was a "wet floor" sign up some distance from where Mrs Goldie fell, but it was not in view from where the slip accident occurred. A first aider told Mrs Goldie that other accidents had already occurred on that day.

The consequences

Our client was taken to Edinburgh Royal Infirmary where she was diagnosed with a fracture to her left shoulder and bruising to her knees. She was unable to go on a planned holiday to Russia and lost significant sums of money as a result, including the loss of enjoyment of the holiday and the trips she and her husband had planned.

Thompsons personal injury solicitors intimated the slip accident claim against Network Rail under the Occupiers Liability (Scotland) Act 1960. The defender denied any defect with the floor and noted that our client had walked passed a wet floor sign. However, our personal injury solicitors felt that there was a reasonable prospect of success and we raised the case in the All Scotland Personal Injury Court at Edinburgh.

Thompsons solicitors obtained medical evidence from a Consultant Orthopaedic Surgeon, who confirmed that our client had suffered a fracture to her left proximal humerus. She had received four sessions of physiotherapy and although there were ongoing minor symptoms in her left shoulder, there was a good prognosis of full recovery.

The settlement

The defender tendered a personal injury compensation offer in the sum of £3,288. As this figure represented a favourable settlement amount for her shoulder injury claim, our client accepted the offer.

Settlement was agreed on 9 April 2021.

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