Facts
The plaintiff slipped on some pink yoghurt in a Tesco store in Smithdown Road, Liverpool. It was not clear whether or not Tesco staff were to blame for the spillage. It could have been another customer, or the wind, or anything else. Spillages happened roughly 10 times a week and staff had standing orders to clean anything up straight away. As Lawton LJ observed in his judgment,
| “ | A member of the staff helped to pick the plaintiff up. The manager was called. The plaintiff was taken to his office. She was dealt with there in a kindly and considerate way. The defendants offered to, and did, arrange for such of her clothes as had been soiled by the fall to be cleaned.
That was all the plaintiff was able to prove, save for one additional fact. About three weeks later when she was shopping in the same store she noticed that some orange squash had been spilt on the floor. She kept an eye on the spillage for about a quarter of an hour. During that time nobody came to clear it up. |
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The trial judge had held in Mrs Ward's favour and she was awarded £137.50 in damages. Tesco appealed.
Read more about this topic: Ward V Tesco Stores Ltd
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