The claimant’s details have been changed but this is indeed a true case
Phil Mulryne acted for Mr M, the Claimant to pursue a claim for personal injuries following a tripping accident.
The Claimant tripped and fell due to a defective manhole cover on the grounds of a local college.
Measurements taken a week or so following the incident identified that the defect measured 20mm at its centre and 80mm on its edge, otherwise the footpath was in good condition.
A claim was put forward by virtue of the Occupier’s Liability Act on the basis that the Defendants owed Mr M a duty to take such care as was reasonable to ensure his reasonable safety as a visitor.
The claim was presented to the Defendants who denied liability on the basis that the manhole did not present a hazardous defect, and that there were not previous complaints of an issue with the area.
We were able to point to the fact that there appeared to be a lack of a proper inspection process prior to the accident, and repair work was carried out following the accident.
The Claimant had suffered an injury to his knee, although Mr M had previous problems with his knee so the medical evidence indicated that only 12 months’ worth of symptoms was related to the incident.
The Claimant claimed the costs of care and assistance provided by his partner after the accident due to his restriction in carrying out housework and some assistance with personal hygiene for a short period. The care was claimed at just over £1,000.00 in addition to some travelling expenses attending medical appointments.
Court proceedings were commenced and the matter was allocated a final hearing date.
It was assessed that the Claimant’s claim was worth around £3,500.00 to £4,000.00 for personal injury damages.
Negotiations were carried out between the parties with a settlement agreed, representing a payment of £2,500.00 to the Claimant. This was felt to be a reasonable proposal, bearing in mind the risks in establishing the Claimant’s claim.
