From the Law Society Gazette:
In Piccolo v Larkstock Ltd (t/a Chiltern Flowers), Chiltern Railway Co Ltd and ors
[unreported, QBD, HHJ Altman, 17 July 2007], the claimant sought
damages after slipping ‘on a petal’ (as reported by the media) as he
passed the florists at Marylebone Station in London.
However, although it had been argued that the fall had resulted from a
single petal, the judge found that it was probably ‘a yellow flower or
flowers’ and that there was also water on the floor.
Thousands of rail passengers passed close by every day. The station
security guard had described the petals as ‘killers’. The florist had
said that she operated a ‘clean as you go policy’, but the station
manager had criticised this as reactive rather than proactive. The
florist claimed not to recollect any previous accidents or complaints,
but there was a catalogue of documented examples, including the comment
that the unit ‘was a total disgrace’. The judge found that the florist
was liable, but that the railway company was not. The judge found no
contributory fault on the part of the claimant.
It is difficult without having seen the scene to know what to think. My mother would have said to me when I was a child as
I should have said to my own children, "Mind where you are going". A rogue petal, though bad luck, would not necessarily have excused carelessness, even stupidity. Unless of course the injury was outside life's usual ups and downs. I have myself these last few weeks been hirpling around on two sticks having launched myself on a flight of steps far too lightheartedly for my age. Do you think the Chancellor might be about to announce a retrospective Scheme?
Posted by: Ronnie | 21 September 2007 at 09:53 AM
It was probably ‘a yellow flower or flowers’ and that there was also water on the floor.Thousands of rail passengers passed close by every day. The station security guard had described the petals as ‘killers’. That mean Its petals is very danger Killer.
Posted by: Term Paper | 19 January 2010 at 06:35 AM