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Case Study

Claimant slipped on ice which had formed due to leaky guttering

The claimant’s details have been changed but this is indeed a true case

Phil Mulryne acted for Mrs J, the Claimant, to pursue a claim for personal injuries following an accident.

The Claimant slipped on ice which had formed due to leaky guttering outside a premises in her local town centre.

The claim was put to the occupiers of the premises who denied liability on the basis that the maintenance of the building was the responsibility of another company. The claim was put to the maintenance company who denied liability on the basis that it was the occupier’s responsibility to notify them of any maintenance issues.

An agreement could not be reached between the two Defendants so Court proceedings were commenced.

The Claimant sustained in particular an injury to her left shoulder. She underwent various forms of treatment to include physiotherapy, massage and an injection into the shoulder joint.

As a result of the treatment the Claimant’s symptoms improved and she recovered in full from any accident related symptoms within two years.

The Claimant was retired at the time of the accident therefore she did not lose any time off work.

For a period of around four months she had to rely on her husband to undertake the majority of household tasks due to her restricted capacity.

It was assessed that the claim for personal injury damages was worth in the region of £6,000. In addition there was a claim for treatment costs, travel costs attending medical appointments and the gratuitous care provided by the Claimant’s husband to her during the post-accident period.

An offer was made in the sum of £10,000 to the Defendant’s representatives. This was rejected with a counter-offer put forward in the sum of £8,000 to represent payment in the region of £6,000 for personal injury damages and £2,000 for the expenses/losses.

The matter had been listed for a final hearing but an agreement was reached between the Defendants to apportion their liability for the Claimant’s claim whereupon a negotiated settlement was reached.

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