The court decided that the insurer of a store whose staff did not care to inform the client of a possible fall on the wet level must pay him compensation. The Court of First Instance stressed that it was the work of the institution to guarantee the safety of customers.
The territory Court in Człuchów issued an invalid judgement in the case under appeal: I C 459/22, in which he ordered the insurer to pay 10 1000 zlotys to the client who demanded compensation for the injury suffered and suffering after the fall during the purchase.
In her lawsuit, the client reported that the event took place on the day of the rain, causing mud to be brought into the store. She claimed to have lost balance on the slippery level and fell down, and the store staff did not give her assistance or show interest in her condition. The client stressed that the full event was recorded by safety cameras. Nevertheless, the insurer argued that the level was washed due to outdoor weather conditions, and the client did not take due care.
As a consequence of the fall, the store client was picked up by her daughter, initially not considering it essential to go to a doctor. However, due to the expanding pain, she yet decided to search medical help, resulting in diagnosis of her hip, thigh, forearm, and elbow injuries. After a week of regenerative leave, during which she was not on sick leave, the client inactive had to take painkillers and receive assistance in performing basic household chores. In addition, her professional duties as a physical individual have been temporarily reduced.
In view of the confirmation of permanent injury, the client claimed compensation for the adverse effects of the accident, but the insurer maintained that the client did not show that the fall was due to the responsibility of the store.
Reparation for falling on the wet level
However, the court took a stand for the victim. He stated that at the time of the unfortunate event, the store had no safety or informing regarding possible threats; there were no indications of wet floor. The store was obliged to supply conditions on its premises that would warrant the safety of customers.
– Therefore, the non-standard level condition should be seen and eliminated immediately by the store's employees, if they were actually performing regular checks and immediately removing any possible risks," the court stressed.
According to the court, the deficiency of appropriate markings determines the request to pay compensation. It is crucial that the level is washed due to weather conditions, whether wet or not.
The court found it crucial that ‘the suspect did not exercise due care in maintaining the level in specified a way that it did not pose a hazard to the wellness and life of the customers, and that was the irregularity in the treatment of the insured individual with the defendant’.
The court noted that the supermarket is simply a frequently visited place, so all communication paths in it should be safe for users.
– The responsibility in the form of negligence, which can reasonably be accused of the defendant, is that the suspect could and should have predicted the negative effects of his inaction," he concluded.
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