Sometimes accidents really are just accidents: success at Trial for Zurich customer
05/12/2022
A Judge found for Zurich’s customer in a recent liability trial, in which the claimant tripped over a yellow wheel stop in the school car park. Her Honour Judge Evans found this was “an accident in the true sense of the word”, with the wheel stops being “absolutely plain for anyone to see”.
The claimant was a teacher employed by Zurich’s insured. On the 14th October 2016 the claimant was pulling a trolley of books across the car park of the school building when she tripped over a yellow rubber wheel stop within a parking bay, causing injury.
The wheel stops had been fitted to stop cars from encroaching onto the pedestrian areas, due to the dropped kerb which was present at the head of the disabled bays to preserve level access.
The claimant brought her case on the basis that the wheel stops were not sufficiently visible and she had not been aware of them as they “blended in together” with the yellow paint used for marking the disabled parking bays.
The defendant’s case was that the wheel stops were clearly visible and there to be seen, being a different and brighter shade of yellow to the painted area and, in any event, being clearly defined against the tarmac. They served an important purpose in stopping cars from encroaching onto the pedestrian area.
The Judge found that this was “an accident in the true sense of the word”. The purpose of the wheel stops was to improve safety in the car park and, although they naturally presented an obstacle over which someone could trip, their function more than justified their presence.
No suggestions as to a safe or suitable alternative were put to the Court by the claimant and overall it was held to be reasonable for the Defendant to have them there.
Commenting on the outcome, Zurich’s Head of Large Loss Injury Tracey Pike said: “We sympathise with the injured claimant however this judgement is a reminder that sometimes accidents do happen without negligence being a foregone conclusion. In this instance our insured acted responsibly and reasonably in installing the wheel stops, and we welcome the decision of the Court.”
