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Case Study

Trip abroad results in compensation

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

Phil Mulryne acted for a client pursuing a personal injury claim.

The accident happened when our client was on holiday on a cruise ship.

The claim was pursued against the tour operator.

Our client was in a restaurant area when they slipped on a wet floor resulting in a fracture of their ankle.   When the claim was presented to the tour operator responsibility was denied. It was accepted that the area may have been slightly wet due to a spillage but it was argued that it had been cleared up properly and a wet floor sign put in place.

It was our client’s case that the spillage had not been properly cleared up; otherwise they would not have slipped and fallen. Our client also denied that there was a visible wet floor sign in position.

Our client made a steady recovery from their injuries although they had pain and discomfort for a lengthy period following the accident. As expected, our client was unable to enjoy their holiday after the accident and make full use of the activities and facilities onboard the ship. During this period our client had to use a wheelchair and was pushed around by a friend.

When our client returned home they required a lot of help and assistance around the house, relying on friends for this. Our client’s friends also had to drive our client around due to their lack of mobility.

County Court proceedings were commenced in view of the lack of settlement proposals. Whilst liability was still denied, the Defendants put forward an offer of settlement of around £3,450, which was rejected. Our client put forward a counter offer of circa £5,700, which resulted in an increased offer of about £4,950 from the Defendants, which was accepted.

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