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December 2nd 2015

Accidents in Public Places

Pensioner compensated after Sainsbury’s fall left her struggling to care for husband

Jane Woodcock

Jane Woodcock

Senior Legal Executive and Head of Personal Injury

Pensioner compensated after Sainsbury’s fall left her struggling to care for husband

Supermarket giant Sainsbury’s has compensated an elderly woman who shattered her arm in four places when falling as she left one of its stores with her shopping.

Supermarket giant Sainsbury’s has compensated an elderly woman who shattered her arm in four places when falling as she left one of its stores with her shopping.

Jean Annis, 79, fractured her right humerus bone, between her shoulder and elbow, in four places, sustaining lasting nerve damage as well as cutting her lip and bruising her chin and eye.

The injuries – caused because she tripped on matting which the supermarket admitted had been unsafe – have had a big impact on Mrs Annis’ life, leaving her struggling to continue caring for her husband Norman, 89, who has dementia.

The accident left Mrs Annis with poor function in her arm, and as she struggles to grip her right hand, she now only uses her left hand.

She also has difficulty performing simple everyday tasks such as brushing her teeth, cutting her food, carrying shopping, ironing, opening cans and bottles, and is also no longer able to drive.

She has been told that without an operation she is unlikely to see much improvement, but that is something she is reluctant to do, as she fears nobody will be able to care for her husband in her absence.

Mrs Annis of Alsager, near Crewe, was represented in her claim against the supermarket giant by personal injury specialists Hudgell Solicitors, resulting in her receiving a five-figure settlement to compensate for her pain and ongoing struggles.

“I don’t want to have to have surgery as my husband has dementia and it would mean putting him in a home if I went to hospital, and I don’t want that,” said Mrs Annis, who suffered the fall in the Crewe Road store, in Alsager, Cheshire.

“I have nerve damage, which isn’t painful, but it has affected my hand and it is still not right now. I can’t co-ordinate well, and that may never come back. I have to do everything left-handed, so the fall has had a big impact on my life.”

Mrs Annis also suffered another fall five months after the incident at Sainsbury’s, which happened on September 21, 2013, fracturing her right humerus again.

Medical experts said she would not have sustained the fracture in the second accident had her shoulder not already been stiff as a result of the effects of her previous fall.

Jane Woodcock, personal injury manager at specialists Hudgell Solicitors, said: “We are pleased that Sainsbury’s were willing to accept the responsibility for this accident, which could have been avoided, and compensate Mrs Annis for her injuries.”

“This fall and injury has caused Mrs Annis a great deal of difficulty in her life, especially as she is a carer for her husband, and she is unlikely to see much improvement in the future.

“It is imperative that premises such as supermarkets take great care to ensure their stores are safe for visitors at all times, particularly the entrance and exit area which can become hazardous due to wear and tear caused by the sheer number of people passing through on a daily basis, and also as the result of wet weather conditions.”

If you or someone you know has suffered in any way, through no fault of their own, please get in touch with our expert personal injury solicitors.

We’ll do all we can to take the worry and hassle out of making an accident claim and help you get the compensation you and your family deserve. All claims have a time limit, so get in touch today and we’ll guide you every step of the way.

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