A YORK care manager has won an £80,000 out-of-court settlement for the pub accident that forced her to retire early and left her permanently injured.

Anne Cliff, a trained nurse, needs hearing aids in both ears and cannot use her right arm properly since she slipped on ice in the beer garden of the Flying Legends pub, Clifton Moor, shortly after Christmas 1999.

She was on her way to the car park after having a coffee with friends.

"I never thought that a fall would have such a great effect on my life. I have had to retire early and have difficulty doing even basic chores around the house. I couldn't drive to work or care for our patients who live around North Yorkshire, so I had to retire early," she said.

The £80,000 payout comes more than three years after a York firm of solicitors told Mrs Cliff she did not have a case. They had handled her case for more than six months. But she decided to continue her fight and changed to Irwin Mitchell of Leeds.

She said: "I felt the York firm had let me down very badly. I was very disappointed. The incident changed my way of life and I believe in justice."

Her current solicitor, Paul Hadfield, said: "The owners agreed to compensate Mrs Cliff because the management failed to provide safe premises for visitors. The owners of places, such as pubs where the public have access, are duty bound to address hazards such as icy conditions.

"As soon as the accident was reported, somebody from the pub was sent by the management to buy some grit, but it was too late for Mrs Cliff who will have to live with these injuries."

Mr Hadfield said organisations were responsible under the Occupiers Liability Act and regulations relating to work place health and safety to provide safe places for customers.

Mrs Cliff, 63, of Harrogate, used to work for a York nursing company. Her injuries were so serious that after her fall, Mrs Cliff had to be taken to hospital. After initial treatment, she was told she would have to wait 18 months for an NHS operation to repair her torn right shoulder joint. She eventually went private for the medical treatment.

The compensation includes Mrs Cliff's lost earnings for the years she would have worked up to the normal retirement age of 60 and the cost of her private medical treatment.

A spokesman for the Spirit Group, which manages the pub, said: "As a responsible pub operator and retailer, we do have a clear policy for dealing with properties during inclement weather, which is clearly communicated to all our managers."

Len Cruddas, chief executive of York and North Yorkshire Chamber of Commerce, said: "Our sympathies go out to the lady concerned."

But he added that one effect of the settlement could be that insurance premiums may go up. As far as he was aware, local businesses did carry out their responsibilities to ensure areas such as car parks and paths were kept clear or gritted.

Updated: 10:26 Thursday, February 26, 2004