Saturday, August 18, 2012

Woman sues council after slipping on vomit at Whitesnake gig

A woman is suing a council after she was injured after slipping and falling in a puddle of vomit while at a Whitesnake gig in Newport, south Wales. Lindy Butcher, 39, went to the gig with her friend Caroline Burns and was walking to the Loft Bar in Newport Leisure Centre when she said she slipped and her feet went from under her, causing her to fall and land on both knees. She said she was helped up by a man at the gig, on December 7, 2011, who told her she had fallen in sick.

Ms Butcher, who was not drinking as she was driving them both home that night and had flat-soled trainers on, said: “It was horrifying, you don’t expect to fall in someone’s vomit.” Ms Butcher, landlady at the Cwmcarn Hotel, was cleaned up with disinfectant, she says. She missed the start of the concert as she had to go to the first aid room and spoke to the front desk to explain what had happened. She then sat down to let Miss Burns enjoy the concert. Ms Butcher’s tickets were refunded as a goodwill gesture.

A claim filed against Newport council said she suffered bruising and soreness to her knees as well as pain through her neck and shoulders and muscle spasms between her ribs. A doctor referred her to physiotherapy but Ms Butcher said it is on hold while this case is pending. Andrew Collingbourne, managing partner of HBJ&W and Victorious in Newport, said: “When Lindy presented the facts of this matter to me, I believed she had a worthwhile cause of action which we have pursued vigorously on her behalf and will continue to litigate the matter through to trial, if necessary, to secure compensation.”

A Newport council spokeswoman said: “As the case is ongoing it is inappropriate for the council to comment at this stage.” But a letter from Newport council’s legal representatives said: “It would appear the presence of vomit was reported to staff by a member of the public. One of the bar staff tried to call for a cleaner. However, it was extremely busy in the bar and cafe areas and in the absence of any detail concerning the actual whereabouts of the vomit and with so many people in the bars, it was difficult to pinpoint immediately where the vomit was located.”


sooz said...

How about watching where you're walking? Suing someone because some vomit wasn't immediately cleaned up is ridiculous. She didn't suffer any permanent damage. Just greedy.

Gareth said...

She's putting her treatment on hold until the case is complete?

Surely that is prejudicial to her case. Primarily because it clearly argues that her injuries can't be particularly bad. It also however shows that she is more concerned with financial gain than her physical wellbeing.

Note to US and other forein readers: The physio would be on the NHS and would therefore be free so cost of the treatment is not a reason to delay.