RETAILER B&M has been forced to pay out five figure sums to two women who were seriously injured after falling outside their Cowdenbeath store.
One person was left with a broken leg while the other sustained a shattered wrist after incidents at the High Street store.
Digby Brown Solicitors, who supported the two customers, said incidents took place at the Cowdenbeath Retail Park on May 17, 2023 and on October 9, 2023.
They confirmed one woman needed emergency surgery for a shattered wrist and the other broke their left fibula – the lower part of the leg.
Both had long recoveries and were unable to work or carry out daily tasks independently.
Fiona Bissett, Associate at Digby Brown’s Kirkcaldy Office supported the women with civil damages claims under Occupiers Liability Act.
“It’s shocking it has taken two people to be left seriously injured before any accountability was admitted by B&M," she said. "There have been several concerns, which have been well documented in the local press, about the condition of the pavement outside the Cowdenbeath store.
“This is a very busy shop and retail park, it’s sheer luck more people haven’t been injured.
“All we want is small measures to be taken to ensure people are safe when shopping.”
But, before the Digby Brown cases concluded, there was a separate dispute over responsibility of maintaining the pavement.
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B&M Retail Limited argued it fell retail park owner LXI Cowdenbeath Limited to ensure the pedestrian areas were safe.
However, on May 14 last year at the Court of Sessions – the highest civil court in Scotland – Lord Braid determined it was the responsibility of the tenant B&M to keep the area safe as the paths made up part of the lease.
Following this judgement Digby Brown were able to successfully settle both civil claims with B&M paying a five-figure sum.
A spokesperson for B&M said the safety of customers and colleagues was B&M’s primary focus.
They added: "While the site’s original contractors have now conceded that the way in which the site was built was inadequate, the matter is subject to ongoing legal proceedings.
"We have liaised closely with Fife Council’s Building Standards Department to implement new safeguards that will help keep customers and colleagues safe in the meantime.”
As reported by the Times, the store has been struggling with safety issues for some time and back in January this year, it was labelled "dangerous" after subsidence caused the pavement outside to buckle.
Since then, several measures have been put in place which firstly involved changing the access to the store's garden centre before a new temporary ramp was added at the start of this year.
Other measures included signage and a bell for customers using mobility aids to be let into the store via the garden centre gate.
In June, fixed barriers were installed around the entrance to the shop, a move which local councillor Darren Watt welcomed.
Cllr Darren Watt, who has been fighting to make the entrance to B&M safe again, posted to Facebook: “Following ongoing concerns about the front of B&M, I'm really pleased to see more permanent and robust features have been installed.
He said the further enhancements would offer "even more peace of mind, particularly for people with disabilities and those in need of additional support and assistance.”
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