No fudging the facts in this slip case against McDonalds
Mellor Hargreaves has won a recent case involving a slip and fall at the McDonalds restaurant chain. The details of the case are given here and we would be happy to advise anyone who has suffered a similar incident no matter how big the defendent.
Fudge v McDonald's (unreported) Newcastle County Court 5/10/11
The Claimant's case arose out of an accident which occcured when she was leaving the Defendant's premises on Grainger St, Newcastle after having purchased some food. She slipped on the porch area outside the premises where a member of the Defendant's staff was mopping, suffering a back injury.
The Defendant initially denied that warning signs could be placed outside, and then revised this at trial to suggest signs were not necessary. The Claimant produced evidence to show that warning signs were routinely used at these premises when the porch area was wet.
The Defendant's evidence showed a number of shortfalls in their systems for example, failing to complete their accident book.
The Defendant suggested the accident was on the highway rather than in the porch of their premises, but the Claimant's witness evidence was to the contrary.
The Defendant also suggested the Claimant should accept some contributory negligence for wearing high heels, however the Claimant also denied this.
His Honour Judge Wood found for the Claimant with no contributory negligence, with damages agreed between the parties.