Two weeks ago we reported the court case of Karen Carey, a 64-year-old British tourist, who was suing TUI for £112,620 (approx 130,000 euros) after claiming she broke her ankle in a hotel in Tenerife after slipping on a wet floor, and in an update, we have learned that she has lost the case.
The incident occurred six years ago, and she stated at the Central London County Court, that the fracture had had "a catastrophic effect" on her life, causing her chronic pain and "drastically" limiting her mobility.
She claimed to the judge that she had to take early retirement due to the physical problems derived from that fall in 2016, saying: “I am not the same person, my way of living changed forever”.
Her lawyer, addressing the court, recounted what happened that morning: "She was having breakfast with her husband and wanted to go and get some food from the buffet, when she slipped, either on orange juice or another liquid that hadn’t been cleaned up, falling to the ground and writhing in pain. As a result of the fall, her ankle was sprained and fractured.”
It was the lawyer who said that, when falling, Karen Casey noticed that there was something wet on the floor, and when a waiter came to help her: "He also noticed that the floor was wet, which was the reason for her fall."
However, according to the Daily Mail, the judge has ruled against her, saying: "A wet backside is not sufficient evidence for what the plaintiff is asking for."
Judge Heather Baucher did not consider it proven that the slip occurred at that time, so she decided to dismiss the woman's claim. The judge believes that the evidence is not enough for her to have the verdict in her favour.
TUI's lawyer insisted from the off that the problem was that Carey had gone down to breakfast "barefoot", not obeying the restaurant’s rules of wearing the correct footwear, and it was that, that had caused the fall which brought on her physical problems, and the judge was clear saying: “there is a lack of sufficient evidence, a wet backside it is not enough proof”.
At this stage, Casey has not made it public whether she will appeal the ruling or not.
