Project Description

Miss A* had previously been represented by Jason Claridge, Director and personal injury solicitor at Ward and Rider Solicitors. She had been recommended to him by a friend of hers. She was based in the North West of England. Unfortunately she was injured again. She therefore decided to instruct Jason Claridge in relation to her injuries which were suffered during the course of a flight to Spain.

She had booked a few days away with some friends to attend a dance event. They were going to relax in a villa when not at the dance event. They had hired their own transport for when they were in Spain. They had booked the plane tickets via the internet with a nationwide carrier.

Because she and one of her friends were tall they had booked seats with additional leg room and therefore were sitting away from the main members of their party. During the course of the flight she had ordered a coffee. Unfortunately the air stewardess who was attending to her managed to spill hot water on her which caused her to suffer a scolding injury to her stomach area.

Instead of enjoying a chilled out dance event with her friends whilst catching up around a villa with a pool, she spent the majority of her time attending hospital for treatment to the burns to her skin in Spain. This involved daily treatment as she had dressings applied. She was taking medication. Her participation in the holiday was ruined. Her friends took it in turns to stay with her.

We notified the airline of the claim. They argued that she had spilt the drink herself on herself. We said that was utter nonsense. We took a series of witness statements from those who had been with her at the time. The crucial evidence came from her friend who was sitting next to her. Despite disclosing these witness statements the airline carrier, through the solicitors they instructed, disputed liability. We therefore ended up issuing court proceedings in connection with her claim.

We had obtained medical evidence regarding the burn that she had. Thankfully the consequences of the burn were nowhere near as serious as first thought. Initially it was feared that she would have a significant and unsightly scar on her stomach but she make a remarkably good recovery, with a small patch of discoloured skin being the consequence of this burn.

In addition to the injuries we claimed for financial losses. That included travelling to and from the hospital in Spain, which she had done by taxi, and going to her GP whilst in the UK. We also claimed for the medication that she had to take and pay for.

During the acute stage of her symptoms she needed help from her parents regarding domestic activities. She also had time off work and her employer, the local council, had a clause in the contract of employment which required her to reimburse her wages paid to her whilst she was off work. This is a common clause in an employee’s contract, particularly in larger employers, and therefore it is always appropriate that your solicitor checks whether such a clause will be activated in such circumstances.

The claim also involved the ruin of her holiday and the cost of that being reimbursed. The defendant’s solicitors never made an admission of liability but they did make without prejudice offers on the value of the claim. After a series of offers and counter-offers Miss A accepted the sum of £7,000 in full and final settlement of her claim.

*Our client’s details have been changed but this is the true synopsis of the case. We acted for her under a no win, no fee agreement, commonly known as a conditional fee agreement, in respect of her personal injury claim and financial losses.

We are able and willing to assist regarding accident claims arising out of claims potentially against hospitals and medical professionals, road traffic accident claims, tripping and slipping claims and claims arising out of accidents at work.