Reference no: EM133478186

Problem

Tesda is a large supermarket chain with a store in the Metpool Retail Park, West Yorkshire. Earlier this year, Franklin visited the store to buy a few items for the following weekend. While turning into one of the aisles Franklin slipped in a puddle of yoghurt and fell to the floor. Unfortunately, Franklin was in the early stages of suffering a form of brittle bone disease and duly broke his ankle in the fall. It is very unlikely that someone who was able-bodied would have suffered the same or as serious an injury. Franklin was taken from the store to the local hospital where he received treatment in the A & E department.

Franklin has since discovered that the yoghurt was probably split by a customer at the store. The spillage was reported to the store manager at 10:50 am and he instructed one of Tesda's junior employees, Janine, to clean the spillage up 'as a matter of urgency'. Janine had only started at the store three days earlier and was, at the time she received these instructions, supervising a delivery of bread and cakes from a local bakery. She appears not to have appreciated the need for a swift response and did not attend the spillage for a further twenty five minutes. Franklin slipped on the yoghurt at 11:10 am. All this information appears in the store's daily health and safety log. Franklin's solicitors have received a copy of this log following the making of an information request to Tesda.

Franklin works as a dentist in a local dental practice where he is a partner. As a result of the accident, he was off work for eight weeks and on crutches for another two weeks. While he was off work, Franklin was telephoned at the practice by an American University who intended to invite him to give two lectures on an advanced form of dental treatment that he, Franklin, was pioneering, and to pay him handsomely for doing so. Unfortunately, Franklin was unable to take up this offer due to his broken ankle.

Franklin now wishes to sue Tesda in negligence. Advise Franklin whether he has a good case against Tesda and, if so, what losses his damages claim might cover.