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Wednesday 29 October 2008

When French fries spell a lawsuit

A woman from the northeastern French town of Rheims is seeking €100, 000 in compensation for slipping on a chip - the French fries variety and nothing to do with uneven flooring or a broken paving stone.

On Tuesday Nicole Borgnon had her day in court to tell her side of an incident that has left her disabled and unable to walk properly.


(from wikipedia)

If you thought your were all done with the madness that seems to be the French justice system at the moment - think again.

Here's yet another post on an issue that's costing the French tax payer serious money as it makes its way through the country's courts. It could also result in a hefty bill for the company being sued.

And although it has been treated with a degree of lightheartedness by the French media and seems at first sight rather superficial, there is undoubtedly a lot at stake - not least for Borgnon, for whom the consequences of the incident upon which the case is based, have been life-altering.

It happened late one evening in September 2007 when Borgnon popped into the local branch of Quick - a French-Belgian fast food chain similar to McDonald's.

The 38-year-old left the premises, not with hamburgers for her four children as she had been intending, but with a triple fracture of the knee. She subsequently underwent surgery and as a consequence of that operation, suffered a pulmonary embolism (a blockage of the pulmonary artery).

Borgnon claims she slipped on a French frie that had been lying on the floor of the restaurant, and since the incident her life has never been the same. Today she is unable to work and cannot walk unaided.

"(Since I slipped) My life has been turned upside down," she told French television.

"I no longer have the kind of life I had before. I can't do what I want with my children or my husband. We don't go out and I have to go three times a week for physiotherapy."

Far from being a frivolous affair as the story as has been portrayed in much of the French media, Borgnon's lawyer believes the case highlights the obligation any restaurant has to ensure the safety and security of its clientele.

"Today we're faced with a woman who is incapicitated, who has lost her job because of a fall (caused by a chip)," said Emmanuel Ludot.

"But above all we have the behaviour of the restaurant, which refused to take responsibility because it didn't want to declare an accident having occurred on its premises to its insurance company."

While the management doesn't deny that Borgnon fell on its premises, it disputes her version of the event and insists rather that she tripped over her own feet.

"On the day in question there was no food on the floor. It was clean and dry," said Francis Fossier, the lawyer for the fast food chain, and he maintains there is no evidence to prove otherwise.

"The woman simply slipped herself because of the heels she was wearing," he added.

"A ridiculous case is being made of a simple accident, with a claim for an extraordinary sum of money."

Furthermore he insists that there were four other customers in the restaurant at the time who all testified that there was nothing on the floor. The only person to corroborate Borgnon's claims, he said, was her sister who had accompanied her inside.

Before the claim is settled, Borgnon's lawyer also wants the court to order an independent medical report to ascertain the full extent of her injuries.

A ruling on the case is expected in mid December.

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