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Accidents in Public
Case studies


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£9,858

Claimant was injured when she slipped in a shopping centre.

I represented a Claimant who slipped in a rain puddle, on a public concourse in a shopping centre, as a result she fell backwards landing on her buttocks and suffered a soft tissue injury to her lumbar spine. The Claimant was absent from work for 3 months due to constant lower back pain.

 

The Claimant was attended to by a first-aider and an accident report form was completed. The Claimant attended her GP and was prescribed codeine and naproxen analgesia. The claimant did have pre-existing back pain for over a decade and following an MRI scan, results showed a degenerative disc. The Defendants raised causation as an issue in an attempt to minimise the Claimants compensation, this did not discourage me and I fought back referencing extensive case law and reminded them of the ‘egg shell skull rule’ – take your victim as you find them.

 

The claim settled without the need to issue proceedings in the sum of £9,858.00 and consisted of compensation for the injuries suffered and loss of earnings, care & assistance, travel and medication expenses.

– Sarah Donald



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£7,080

Claimant was injured when she tripped in a clothes shop

I represented a Claimant who whilst shopping caught her foot on a broken piece of flooring causing her to trip and fall forward to the ground. She suffered severe low back pain and sleep deprivation. As a result of her injuries she struggled to look after her child, household chores and simple daily tasks became a huge burden.

 

An interim payment was obtained and physiotherapy was arranged immediately. The Claimant underwent 8 sessions of physiotherapy, which had a huge impact on the speed of her recovery.

 

The claim settled without the need to issue proceedings in the sum of £7,080.00 and consisted of compensation for the injuries suffered.

– Sarah Donald



£7,000

Claimant suffered injury to her right wrist as a result of walking from a store in a retail park towards the exit. She fell over a raised kerb due to defective lighting.

I represented my Client who suffered a fractured right wrist as a result of falling over a raised kerb under defective lighting at night after leaving a retail store and heading towards the exit of the retail park.

 

My Client was medically examined and diagnosed as having suffered a fracture to her right wrist with an exacerbation of pre-existing right thumb arthritis. The fracture fully resolved within twelve months of the date of the accident, with the exacerbation of the thumb arthritis returning to pre-accident levels within two years of the accident.

 

The Defendants maintained their fully denial of fault for the accident and refused to disclose documents to enable the Claimant to fully investigate liability, which resulted in our successfully applying to Court that they be ordered to disclose the documents. Following this, they maintained their denial of fault and I commenced County Court proceedings against the Defendant.

 

The matter was pursued through litigation and the Court listed this matter for trial. The Defendant’s Solicitors finally agreed settlement of the claim in the sum of £7,000.00 two months before trial.

– Paschal Kelly



£5,000

Claimant fell whilst walking down badly worn and poorly maintained steps from a closed churchyard onto the public highway, suffering a fractured ankle.

I acted for my Client, a retired lady, who fell on badly worn and poorly maintained stone steps from a closed churchyard towards the highway. The local authority were deemed responsible for the maintenance by Statute.

 

Following her medical examination, she was diagnosed as having suffered a bimalleolar fracture to her left ankle, which fully resolved within two years post-accident.

 

The Defendant local authority fully denied responsibility for the accident and attempted to have the claim redirected to the Church itself, and then the Commissioners of the Church of England. Investigations with these two bodies determined that the responsibility for maintenance and repair of the churchyard, lay with the local authority. The churchyard had closed decades previously and was in poor repair.

 

County Court proceedings were issued and the matter listed for trial. Witness evidence was obtained from the Claimant and the lady who was with her at the time of the accident. My Client and her witness gave excellent evidence and the Court found in her favour. The Court awarded the Claimant £5,000.00.

– Paschal Kelly


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