On June 8, 2021, a day that began like any other took an unfortunate turn for *Martin, a 49-year-old electric skateboard enthusiast.

While on a routine visit to his local Wickes store, Martin entered the store’s car park on his electric skateboard, only to encounter a serious hazard. As he rode through the car park towards the store entrance, the wheel of his skateboard lodged in an uncovered storm drain, sending him flying to the ground. The impact resulted in several injuries, including a fractured right clavicle, a fractured rib, and multiple bruises to his head, chest, arm, and thigh.

The incident raises questions about safety standards in public spaces, especially in areas frequented by the general public.

The basis of Martin’s claim

Martin’s claim was based on the fact that the accident was due to inadequate risk assessment and a failure to maintain safety protocols, both of which are fundamental to the Management of Health and Safety at Work Regulations 1999. This regulation mandates that businesses conduct regular risk assessments to identify and eliminate potential hazards, especially those that could harm customers and visitors.

Legal framework and safety responsibilities

Martin’s claim also relied on the Workplace (Health, Safety, and Welfare) Regulations 1992 , which are designed to ensure that workplaces and associated premises like car parks are safe for public use. Failing to cover or highlight the open storm drain directly contributed to Martin’s injuries. These regulations emphasise a duty of care, requiring owners and operators of public spaces to maintain conditions that minimise risk to visitors.

The absence of safety measures in the car park points to a failure in the store's common law duty of care. In other words, even without relying solely on health and safety regulations, there is still a broader, common-law obligation to ensure safe conditions.

Liability and the Occupiers Liability Act 1957

The Occupiers Liability Act 1957 places a responsibility on property owners and occupiers to ensure their premises are reasonably safe for visitors. This act is central to Martin’s case, as  the store’s failure to cover the storm drain, or adequately warn visitors about the hazard, was a breach of their duty of care. Martin’s injuries could have been avoided if the storm drain had been adequately assessed, repaired, or marked as a hazard.

Wickes admitted liability, acknowledging that the uncovered drain contributed significantly to Martin's injuries.

Looking ahead: the importance of risk assessments in public spaces

Martin’s accident is a stark reminder of the importance of rigorous risk assessments and the implementation of safety protocols in public areas. For businesses and property owners, this case underscores the importance of proactive safety management, especially in high-traffic areas. Ensuring that spaces are safe isn’t just about compliance; it’s about valuing the well-being of everyone who steps onto the premises.

Martin’s unfortunate experience serves as a call to action for all property managers to take a closer look at the potential hazards present in their environments. Even small, seemingly inconspicuous risks like an open drain can lead to severe consequences.

In Martin’s case, his physical and emotional injuries—and the litigation process that followed—could have been avoided with better safety measures.

If you’ve been injured in a public place, you may be entitled to compensation. Contact us today to see if we can help. Call us on 0800 1380 458 or email help@switalskis.com

*Not the client's real name - while the client kindly gave permission for us to tell his story, he asked that his name wasn't used.