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Piccolo v. (1) Larkstock Ltd; (2) Chiltern Railways, unreported, QBD, 17/7/07

Description

Slipping Hazard caused by Flower Petals. The owner of a flower shop on a station concourse was held to be responsible for an injury sustained by the claimant when he slipped and fell after stepping on a petal because it had negligently failed to operate a reasonably effective and safe system of work for dealing with the danger from falling petals. The judge rejected the argument that it was not reasonable for a small florist to be expected to keep the floor dry and petal free at all times; a system that merely reacted to falling debris was not sufficient, a pro-active system was required. The station operator had discharged its common law duty of care as occupier by imposing contractual requirements upon the florist and by exercising supervision in the form of urgings and warnings. The claimant was not contributorily negligent; it could not be said that he had been walking other than with reasonable care.

Specifications

  • High Court (Queen's Bench Division)
  • Tuesday, 17 July 2007

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