Faulty Disabled Toilet Causes Harm To Customer
While out for dinner one evening, Vivien made use of the restaurant's disabled toilet. As she pulled herself out of her wheelchair, the support arm came away from the wall, causing her to fall into the toilet bowl. She landed heavily on her side, tearing the ligaments in her shoulders, neck and knee.
One summer evening in 2007, Vivien went out for dinner with her cousin, Eunice, and Eunice's husband, John. Vivien was 57 years old at the time and had been registered disabled for seven years. She had osteoarthritis in several joints, and had recently had an operation on her left foot. Due to the combination of health problems, Vivien's mobility was severely restricted, and she was temporarily using a wheelchair to get around.
During the course of the meal, Vivien asked Eunice to push her to the disabled toilet. The cubicle was, however, full of empty boxes. It seems the staff were using it as a storage facility, and so Eunice was forced to remove all the boxes in order to make room for Vivien's wheelchair.
Once inside the cubicle, Eunice closed the door and waited for her cousin outside. Vivien then attempted to place herself onto the toilet, using the support arm to do so. As she was in the process of doing this, the support arm suddenly came away from the bracket which connected it to the wall. She fell heavily into the toilet bowl, landing at an awkward angle on her right side.
Upon hearing a noise, Eunice entered the cubicle and helped Vivien back to her wheelchair. After filling in an accident report form, Vivien began to experience a significant amount of pain in her right shoulder and knee, and so was driven home to rest. After a couple of days, however, her symptoms had not alleviated. Vivien attended her GP and was told she had torn the ligaments in her shoulders, neck and right knee.
She was referred to a physiotherapist for treatment, but unfortunately this had done little to relive the pain she continues to suffer. This has severely limited her ability to carry out everyday tasks. After the accident, Eunice and John would assist around the house for four hours each day, performing jobs such as laundry, housework, gardening, cooking, and even helping Vivien wash and change. Although she can now clothe herself, Vivien still requires a significant level of care during the week, and is very much dependent upon the help she receives from her cousin.
Upset about the permanent injuries she must live with, Vivien decided to contact Glynns to enquire about a personal injury claim. We suggested the restaurant was to blame for her accident, as the support arm in the disabled toilet was clearly not fit for purpose. This represented a breach of duty, meaning Vivien had a legal right to claim compensation.
We helped Vivien make a claim against the restaurant, and she was awarded £28,000 compensation.
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