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An unusual and almost harmless work accident

 

Sometimes it is the most innocent of items that cause the most trouble in life. Who would expect, for instance, two grapes to cause over three years of bitter wrangling between personal injury solicitors and the insurers of a major high street store. Oh, and let us not forget the pain and suffering felt by the hapless woman who trod on said grapes, one black, one white, who subsequently slipped and fell, severely injuring her shoulder in the process.

Yes, in October 2005, it was two fallen grapes that caused such anger and pain as felt by a mother-of-two, who is now facing the prospect of a complete shoulder joint replacement operation.

The woman’s personal injury solicitor spoke later of the “hotly contested” nature of the claim and even proposed measures that would stop the errant spillage of grapes in the future. She spoke nobly of the rise in the so-called “compensation culture” having the power to detract from the innocent victims of negligence, and espoused the righteous outcome of the out-of-court settlement that saw her client being awarded almost £30,000.

It was a moving story - of a troubled people, without hope, without money and the exploitation of corporate animals out purely for gain. A story of the failure of the American dream – no, sorry, that’s Steinbeck’s grapes story – meanwhile our female shopper is finally able to use her compensation award to pay for medical bills while she has her surgery and she says, with what sounds like an unapologetic stance, “I’m really glad to get the compensation money.”

Yet, on the other side of the coin, the same newspaper article told of another grape-related incident, where the wearer of an old pair of sandals slipped and fell on a single vine based fruit, and tried to sue the same giant of the retail sector for £300,000. 

The grape had allegedly been slipped upon as the man exited the store and when the hapless shopper fell he found the offending article on the bottom of his sandal. He deduced it had made its way out of the retail outlet and demanded that they be held accountable.

He claimed to have suffered depression after the accident that caused injury to his right leg, but in the High Court, the accident was attributed partly to his choice of footwear.

The judge dismissed his claim and the unsuccessful claimant was ordered to pay costs.

Tellingly, the injured accountant had represented himself in the case, which may (or may not) mean that no self-respecting no win no fee personal injury solicitor would touch his case with a barge pole, and yet again hints at the argument regarding UK “compensation culture” as being a bit of a damp squib. (or squid as that woman on Strictly Come Dancing said)

So, for all those no win, no fee doubters out there, if a case is a no-hoper it is likely that it will never get off the ground. If there is not enough proof that the mush on the bottom of your footwear is without doubt there due to negligence of a blamable party, then you are likely to end up with egg on your face, never mind grapes on your shoes.


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