Product Causes a Nasty Fall for a Client

Purchasing a product to make life easier can sometimes have the opposite effect!

93 year old Ethel had purchased flea spray for her stairs after noticing the nuisance pest. The spray was a surface spray, designed to be used on stairs as well as other areas. She applied it and followed the instructions carefully.

After three hours Ethel had gone to leave but slipped and fell all the way down her stairs. The spray had caused the stairs to become very slippery, causing her fall. She ended up with a fractured shoulder and wrist.

Ethel contacted Irvings and we put forward a claim to the product manufacturer. They denied liability, stating that the instructions on the label warn that the surface will be slippery when it is wet. However the sprayed area appeared dry after 30 minutes and cautious Ethel had actually waited three hours before walking on the stairs. They also alleged that Ethel contributed to her injury and should have taken more care when walking. We thought this was unfair as, after all, it was their product that caused the surface to be so slippery!

After considering our points the manufacturer changed their position and admitted liability. They offered to settle for £12,500 which was reasonable for our client and her medical needs going forward. Ethel would need professional care and assistance going forward because of her age and the severity of her injuries. She was very satisfied with the outcome of her case and went on to make a good recovery.

If you’ve been injured directly or indirectly due to a product you have used, you may have an injury claim. Give us a call to discuss your case and we will see how we can help: 0800 954 0243.