Robert Golin was successful in a claim under the Consumer Protection Act 1987 and Occupiers’ Liability Act 1957. Robert acted for the Claimant (“C”), under a CFA, in a successful claim against a national building supplies warehouse (“D”).
The circumstances of the accident were that C had visited D’s warehouse to buy several boxes of porcelain tiles. Each box of tiles was secured by four thick plastic straps. The packaging of each box warned customers of the box’s weight of 25kg, but did not warn customers to refrain from lifting by the straps.
C lifted four boxes of tiles by the straps onto her shopping trolley without incident. Upon lifting a fifth box one of the straps snapped, causing several tiles to fall onto C’s foot. As a result, C sustained a significant soft tissue injury with a suspected fracture of the metatarsals.
C’s claim was brought on the basis that:
Initially the claim was robustly defended, but settled in C’s favour shortly before trial.