Our client had booked a week’s stay at a hotel with her husband. She’d booked a double room with an ensuite bathroom. After a day out, our client returned to her room to have a shower before dinner. She had plenty of time and was not in a hurry.
In the bathroom there was no bath mat available but a paper towel had been put down on the floor by hotel staff. The floor was made from lino material. There was no hand rail to assist visitors to get out of the bath, only a towel rail at the end of the bath. Our client finished her shower and lifted her left foot over the side of the bath and put it on the paper towel that was acting as a bath mat. At the same time she rested her hand on the towel rail to steady herself. The towel rail gave way and the paper towel slipped so our client fell heavily to the floor.
Our client’s husband came to her assistance. Initially it was thought that the injury sustained to her wrist and arm was a bad sprain. Our client reported the accident to the hotel staff who arranged for our client to see a doctor the following day and she was sent to the local hospital where it was discovered she actually had a fractured arm.
Lawson-West solicitors began a personal injury claim. The hotel was in breach of its statutory duties under the Occupiers’ Liability Act 1957 in that it:-
- failed to take reasonable care to ensure our client was safe in using the premises;
- failed to provide suitable bath mats;
- failed to provide a hand rail to help visitors climb in or out of the bath when the hotel should have known this could cause injury;
- failed to ensure the towel rail was securely fixed to the wall;
- failed to ensure the towel rail was strong enough to act as a hand rail as a hand rail had not been provided;
- failed to place any warning signs to advise that the inadequate paper towel might slip;
- failed to place any warning not to use the towel rail as a hand rail.
Our client followed up her visit to the hospital local to her hotel with visits to the hospital nearest to her home for treatment to her arm. Lawson-West recovered compensation of just under £3000 for our client’s injuries and care received whilst she did not have full use of her arm. As our client is retired, there was no loss of earnings.
