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Case Study

Phil Mulryne acted for a client to pursue a claim for personal injuries and consequential losses following a fall.

The claimants details have been changed but this is indeed a true case

Mrs C was on a shopping trip and slipped on a pool of water when entering the Defendant’s premises.

Our client sustained an injury to her back. The medical evidence supported personal injury symptoms for a period of around two and a half years following the accident.

When the claim was presented to the defendants, liability was denied on the basis that there was no spillage on the floor and that the defendants had in place a reasonable cleaning procedure and that the area in question of was subject to regular checks.

The defendants argued that as it had been raining heavily the water would have been brought in by the client on her feet.

Our client’s case was supported by the fact that the area was mopped after the accident.

The client underwent physiotherapy treatment following the accident and incurred further miscellaneous expenses in the form of the cost of an orthopaedic bed/mattress and an exercise bike recommended by the physiotherapist.

As a result of the client’s incapacity she required help from her husband and mother carrying out general household/domestic duties for a period of around 18 months.

In view of the denial of liability Court proceedings were commenced.

Following the commencement of Court action, liability remained in dispute. Subsequently the defendants put forward an offer of £3,500 which was rejected. An increased offer of £5,000 was put forward with a counter offer put forward by the client’s solicitors at £8,000.

Further proposals were put forward in the sum of £6,500 which was accepted. The settlement was reached on a global offer basis and reflected the risk of the client’s claim being unsuccessful. It was felt that in view of the circumstances of the accident that the client’s claim could potentially be reduced to reflect an element of contributory negligence. It was assessed that the client’s claim.

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