Workplace fall claim fails on proof of the alleged floor hazard

Alicia Wallace-Cohen’s negligence and occupiers’ liability claim against Jamaica Broilers was dismissed on 13 March. Although the company accepted that she fell, the court was not satisfied that a breach of duty caused it.

The claimant attributed the incident to water left after cleaning. The judge identified gaps concerning the flooring, the quantity and source of the water, and the mechanism of the fall. Her belief that cleaning had just occurred was not supported by direct observation.

An attempt to add evidence about the lobby’s flooring at trial was refused because the factual allegation had not been pleaded and could unfairly surprise the defence. The absence of warning signs did not itself establish liability on the evidence presented.

Judgment and costs went to Jamaica Broilers. The ruling concerned failure of proof in this case; it did not remove employers’ or occupiers’ duties to take reasonable care.

A fact-specific liability judgment; no general conclusion that wet floors need no warnings should be drawn. Complete official judgment reviewed; subsequent appeals or treatment have not been checked.