Petal slip commuter wins damages

A commuter who was injured when he slipped on flower petals is to receive damages, the High Court has ruled.

Brian Piccolo, 50, of Witham, Essex, fell outside Chiltern Flowers based in Marylebone Station, central London, in March 2003, Judge Altman heard.

He ruled the shop was negligent in failing to have a "reasonably effective and safe system for dealing with the danger of fallen petals".

Chiltern Railway Company was cleared of any wrongdoing.

Crushed flower

The court heard the father-of-two was walking to his job at BNP Paribas when he fell forwards on to his right hand and then on to his right knee.

Witnessing the fall the station supervisor inspected the area and found a crushed yellow flower, which he identified as the one Mr Piccolo had slipped on.

Mr Piccolo sued Larkstock Limited, trading as Chiltern Flowers, and The Chiltern Railway Company Limited, for negligence.

The judge ruled in his favour against Chiltern Flowers, saying the presence of petals on the light beige concourse floor presented a foreseeable hazard of slipping.

Breach of duty

He said despite the shop being "fully aware" of this risk, their "clean as you go" system was not effective.

He added that the "petal had been on the ground longer than it would have been if an effective system had been in place and that therefore the accident was caused by that breach of duty."

The judge ruled that Chiltern Railway Company was not in breach of duty and that it did discharge its common duty of care as occupier.

The two sides in the case were due to meet on Wednesday to begin the process of assessing damages.