High Court dismisses a personal injuries action brought by a security guard who was in the employ of the first defendant at a premises owned at operated by the second defendant, who claimed he had tripped on the wheel of a shopping trolley and fallen forward, sustaining injuries, on the grounds that the plaintiff had not, on the balance of probabilities, established that the fall was accidental; and even if it was an accident, it could have been avoided by the plaintiff exercising ordinary care.
Personal Injuries - workplace accident - security guard who was in the employ of the first defendant at a premises owned at operated by the second defendant - claimed he had tripped on the wheel of a shopping trolley and fallen forward, sustaining injuries - whether, on the balance of probabilities, plaintiff had established that the fall was accidental - whether employer liable.