Compensation after routine eye exam ends in injury

By Katrina Elsey

Published August 21, 2024In: Personal Injury

At Switalskis, we recognise how unexpected incidents can profoundly affect lives, especially for people in their later years. We recently represented the family of an 82-year-old gentleman who suffered significant injuries during what was supposed to be a routine eye examination.

On 1 April 2021, the elderly man, accompanied by his wife, visited an Asda optician’s store for a standard eye exam. However, what began as an ordinary visit ended in tragedy. As he went to get out of the examination chair, his foot got caught in the “T” bar of the table, causing him to fall. The resulting injuries included a fractured vertebra, a fracture in his femoral head, extensive bruising to his leg and a contusion to his elbow.

These injuries were not only physically devastating but also drastically diminished his quality of life during what tragically became his final year.

Determined to seek justice, our client’s family pursued a claim under the Occupiers' Liability Act 1957, which mandates that property owners maintain safe premises for visitors. In this case, the optician’s store failed to uphold this critical duty of care.

Our legal team identified several key areas of negligence:

Inadequate risk assessments: the store failed to adequately identify and address potential risks
Failure to implement preventative measures: no steps were taken to reduce the likelihood of such accidents
Lack of hazard warnings: visitors were not informed of potential dangers that could lead to injury.

These shortcomings directly contributed to the injuries our client endured. Although the defendant initially denied liability, our persistence led to a five-figure settlement. The family accepted the offer, which helped to provide a sense of justice for the pain and suffering caused.

Katrina Elsey , senior associate in our personal injury team, commented on the case: "What was meant to be a routine appointment tragically resulted in injuries that marred the final year of our client’s life, transforming it into a period of pain and inconvenience.

“This case underscores the vital importance of safety and attentiveness in all public spaces, particularly for vulnerable individuals like the elderly. No one should suffer due to preventable hazards.