Claimant injured due to defect on a communal pathway in the external grounds of her flat complex. File rejected by Claimants previous solicitors following negative advice shortly before limitation and settlement achieved after commencement of proceedings.
I represented this retired Claimant in a claim against her Landlord. The Claimant tripped on a protruding paving slab on a communal pathway when leaving her flat suffering injuries to her knees and a fractured wrist The Claimant did not have accurate measurements of the defect and the Claimant rarely used this pathway and had not noted or reported the defect previously. The Claimant’s came to us, shortly before limitation, after her existing solicitors had received negative advice from Counsel on the basis of the absence of any prior report to the landlord and given the absence of accurate measurements of the defect. The Claimant was clearly suffering significant symptoms.
Review of the Claimant’s tenancy agreement which showed an obligation to keep the pathway in good repair which was not qualified by the obligation to report any defects (although there was such an obligation elsewhere in the Tenancy). I argued that, on Land law principles, the pathway was in disrepair and the Landlord was in breach of a warranty and accordingly it was not necessary to prove prior knowledge of the defect to the landlord.
Medical evidence was obtained from a Professor of wrist surgery who confirmed the Claimant would suffer long term symptoms from her wrist injury. An orthopaedic expert confirmed that the Claimant had suffered an acceleration of pre-existing arthritis in the knees by 12 months.
Proceedings were issued and the matter settled shortly before a Case Management Hearing for the sum of £35,000 representing compensation for the injury, past and future care and anticipated future treatment costs.
The case demonstrates the importance of keeping abreast of other areas of law as the claim may well have failed if assessed and pursued on purely personal injury grounds
– Carl Davies
Claimants seriously injured at awards ceremony at Blackpool Tower Ballroom secure compensation despite long fight over fault
I represented two Claimants who slipped on foil confetti at Blackpool Tower Ballroom at a business event, both of whom suffered nasty injuries, namely, a fractured jaw and a fractured elbow. The occupier of the Ballroom and the organiser of the event were pursued with both denying liability on the basis that the accident didn’t happen because no accident report form was completed and it was alleged that there was a system in place for clearing the confetti.
Multiple witness statements were gathered to support the fact the accident happened and that one of the Claimants was taken straight to hospital, hence she didn’t report it. These statements also provided evidence as to how and where the individuals fell and the lack of care on the part of the staff who failed to properly clear the confetti.
The claims settled close to Trial for £29,000 and consisted of compensation for the injuries suffered, care provided and treatment costs.
Claimant successful secure compensation for slipping in JD Wetherspoon on spillage from leaking toilet
The Claimant went to a toilet cubicle in JD Wetherspoons in Derby and as he walked into the cubicle, he slipped on water which had leaked from a toilet, which hadn’t been repaired. The Claimant was knocked unconscious for a short period before returning to his family in the pub. The pub chain accepted fault but didn’t accept the extent of the symptoms complained of by the Claimant.
However, the Claimant obtained supporting evidence from two medical experts, an Orthopaedic Surgeon and a Hand Surgeon who supported the fact that whilst the Claimant banged his elbow in the accident, the subsequent pain he was feeling in his lower arm and wrist were indirectly linked to the accident to which he required two operations. The Claimant claimed only for personal injury compensation and settled his claim for £20,0000.
Claimant injured whilst delivering a sofa successfully challenged medical evidence increasing value of claim by £10,000.00
I represented a Claimant who sustained a complicated knee injury whilst delivering a sofa.
The Defendant admitted liability and the Claimant was examined by a Consultant Orthopaedic expert who reviewed the Claimant’s medical records.
The Claimant had a history of knee problems which included undergoing knee surgery. However the Claimant had been symptom free for 4 years before the accident.
Initially the expert suggested the accident caused a minor injury that resolved within a few months and any ongoing symptom were not accident related. However upon further consideration of the Claimant’s medical records and the Claimant’s testimony regarding his pre and post- accident capacity, the expert extended this prognosis to 3 – 5 years.
The claim settled without the need to issue proceedings and includes an award for personal injury, care and assistance, travel and medical expenses.
– Jenny Campbell