Barbara Gayle, Staff Reporter

The Court of Appeal has ruled that some degree of fault must be attributed to a customer who was injured when she slipped on a step at the Half-Way Tree branch of the Victoria Mutual Building Society (VMBS).

Barbara Berry, a senior citizen, had sued VMBS seeking damages for negligence or breach of the Occupiers Liability Act.

She contended that on July 22, 1998, she went to VMBS to transact business. While leaving the customer-service area, she slipped on a step and fractured her right foot and sprained her left ankle.

She said at the time of the accident she did not see a warning sign, with the words "Please watch your step", which was suspended from the ceiling. VMBS, in its defence denied liability. It averred that a warning sign was in place and it had taken all reasonable steps to ensure that all its visitors were not exposed to the risk of injury.

The warning sign was suspended from the ceiling and was approximately six feet from the ground.

Sign was higher than six feet

Supreme Court judge Roy Jones, in assessing liability, found that the sign was higher than six feet from the floor and as a result Berry was unable to see it.

The judge, in imposing full liability on VMBS, said the fact that it later remodelled the short step and replaced it with a ramp with railings would suggest that there was a safer method and VMBS knew it.

VMBS, which was represented by attorney-at-law Emile Leiba, appealed and the Court of Appeal held that the judge's finding that the warning sign was higher than six feet was erroneous and speculative.

In handing down its decision, the court said the judge was correct in finding that the step posed a danger. It also found that the fact that VMBS carried out a remodelling exercise subsequent to Berry's fall made it obvious that the building society was aware that the step posed a substantial risk to all persons who lawfully used the building.

The court said the injury sustained by Berry was partly due to her negligence. She should have guarded her safety having passed over that step previously that day, the court said.

The court found there was contributory negligence on Berry's part and ruled that she was 50 per cent responsible for her injury.

The appeal was allowed in part and the case remitted to the Supreme Court for an assessment of damages.