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A personal injury claim in Edinburgh has been concluded with damages of £1,800 being awarded to a boy who was struck by a mobile stock trolley while trying on trainers in a sports shop.
A local paper reported that the accident injury consisted of a boy suffering a cut and a tear in his shirt, and he has been left with a scar. Although the sports shop argued that the boy's carelessness should be held liable for the accident, a no win, no fee lawyer working for the boy's mother convinced the court that the employee who had been in charge of the stock trolley had not been appropriately trained in his use of the item.
A written judgment was made available, which states, "On the evidence it seems likely that (the member of staff) who appeared a conscientious employee was engrossed in what he was doing and failed to properly account for (the boy's) presence near him trying on shoes.
"The description of the injury and resultant scar indicate that (the boy) was struck on the lower left side of his back just before he got up from bending down to try on shoes.
"The impact was more of a glancing blow and while undoubtedly painful was the result of momentary carelessness.
"Given that he was working in an area where customers were present it was incumbent upon him and his employers to avoid injury to customers when working with the trolley/cabinet," he added.
The original amount of compensation sought in this personal injury claim was £6,000.
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