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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 Injured in a head-on collision
I represented the Claimant who was injured whilst travelling as a passenger in a car which was
hit head on by another vehicle, which had lost control and caused a head-on collision.
As a result of the collision the Claimant sustained significant soft-tissue injuries to the back,
shoulder and chest in addition to a bruised lung, damage to two teeth, flashbacks and
anxiousness as a passenger.
His back injury aggravated a previous fracture in the same area and although he was able to
return to work after a few weeks he felt significant discomfort whilst driving. A course of
physiotherapy was arranged at the Defendant’s expense to help manage his symptoms.
An offer to settle the claim was made prior to Court Proceedings, and after negotiations an
agreement was reached £27,000.00 for injuries and losses.
– Connor Sweetman
Claimant suffered a lower back pain injury
I represented the Claimant who was working in the course of her employment at a service station. Pre-accident the Claimant was suffering from back pains and her employers were fully aware of this. Management continued to ask her to complete physically demanding jobs and her protests were ignored, which led to the worsening of her low back pains, causing her to suffer a lower back injury. The claimant experienced high levels of back pain whilst undertaking these manual handling activities and was absent from work for 4 months.
Liability was fiercely denied, the Defendant relied upon manual training which had be completed and a health assessment which stated that the Claimant confirmed that she did not have any back complaints. The Claimant maintained that they were fully aware and they would force her to carry out such manual tasks, which at times she physically could not do and would cry with the pain. Proceedings were issued. The case went to trial and the Judge found in favour of the Claimant.
The claim settled for £20,232.00 and consisted of compensation for injuries sustained and loss of earnings, medication and travel expenses.