A BANK teller who slipped and fell in the kitchen of the Royal Bank branch on Independence Square, Port of Spain in 2015, will receive almost $300,000 in compensation as well as interest for her injuries.
On Tuesday, Justice Ricky Rahim ordered RBC to pay compensation to Jiselle Paul who will receive $180,000 for the bank's negligence, plus interest and special damages of $99,383 for loss of opportunity for promotion from a little over a year. She will also receive $2,700 for transportation expenses. The bank was also ordered to pay her costs.
Paul was represented by attorney Larry Lalla while Ravi Nanga and Alana Bissessar represented the bank.
In her lawsuit, Paul said that on December 14, 2015, she was in the kitchen making a cup of tea when she was going to the sink to wash her teaspoon when she slipped on some water on the floor and fell.
Paul said she hit her head and the left side of her body, back, hip and leg. She was helped up by colleagues and someone came to mop the floor where she slipped. She also alleged the sink basin was shallow so usually napkins would be put on the ground to soak up water splashes.
Paul was diagnosed with a left sciatic nerve contusion from blunt force trauma because of the fall and later developed rheumatoid arthritis.
While the judge said he was not satisfied that her fall was caused by the spillage of water from the kitchen sink since the evidence did not demonstrate the liquid was water, he was, however, satisfied that she slipped on the liquid that was on the floor.
'Spillages in a kitchen are common and may result from all sorts of sources, such as a cup of tea, soft drink bottles, leaks from under a sink or from a nearby refrigerator, or even water from a cup or bottle of another worker.
'The real issue, therefore, concerns the issue of the duty of care in relation to the danger caused by the presence of the liquid.'
He said the bank had full managerial control over the kitchen with the responsibility to maintain not only the sink but do periodic checks to make it a safe working environment.
'There is no evidence that this was done."
In its defence, the bank claimed the sink was one of several identical sinks in the building and was in keeping with normal standards.
It said it never received complaints or reports of accumulation of water on the floor close to the sink and its contracted janitorial staff was responsible for cleaning and mopping the floor in general as well as dealing with any spills.
The bank said staff had to call the janitorial staff to clean any spills and also denied the tiles were not slip-resistant.
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