Slips, Trips And Public Liability Case Studies

Slips, trips and public liability case studies

Mrs T was a 60 year old woman enjoying her retirement. She was carrying some bags down the street after having done some shopping, when she tripped on a loose paving slab that was sticking out approximately 1.5 inches above the surrounding slabs.

She had a nasty fall and sustained a very painful break to her shoulder. She had a pre-existing positional vertigo condition which was made much worse by the accident.

These two things combined meant that she was much less able to get out and about with her husband to do the things she loved. She needed a lot of help around the house and with her personal care and over time she became increasingly depressed.

The local authority has a duty to repair the pavements under the Highways Act, and they admitted liability for Mrs T’s accident on the basis that they had not inspected that stretch of pavement recently enough and hence had not done everything that could reasonably be expected of them.

Her case included a claim for the care that her husband provided to her and for the additional help that she needed around the house. We also made a claim on behalf of her health insurance providers for the cost of her physiotherapy.

The defendants disagreed with our valuation of the claim but we managed to negotiate them upwards from an initial offer of only £8,000 to a total damages award of £12,500.

Mr B, a sales executive, was injured when he tripped over a raised kerb stone on Upper Street in Islington. He suffered soft tissue injuries to his shoulder and back.

We were instructed to pursue a claim and were able to establish that the area was the responsibility of Transport for London. Transport for London admitted liability and we then obtained a medical report from a Consultant Orthopaedic Surgeon dealing with Mr. B’s injuries.

After a course of private treatment Mr. B thankfully made a full recovery from his injuries. However, he had suffered financial losses as a result. Mr B was a high earner and worked in a very pressurised sales environment. Although he had not taken time off work he had lost commission and bonuses as a result of his injuries and the resulting effect on his performance.

We produced a detailed witness statement for Mr. B and obtained evidence from his employer to prove his loss. We were eventually able to secure a settlement of £10,327.17 for him. This included an award of over £6,500 for loss of commission.

Mr B commented:

“Osbornes, and the solicitor allocated to me Michael Cockings, dealt with my case with the highest levels of efficiency and professionalism from the outset. I received excellent legal advice throughout, and the matter was successful concluded. I would highly recommend them”

Our client tripped and fell over a raised metal strip in a bar. She sustained an injury to her ankle. Despite an initial denial of liability by the Defendants, we were able to obtain £2,863 in compensation for her.

She has commented as follows:

‘I would like to add and thank you for being most helpful and professional throughout my claim, I am very pleased with the way you handled my case and would highly recommend you to friends and family”.

Our client sustained multiple injuries when she fell down a hole in the floor where a staircase was being constructed whilst attending at a private party.

The Defendants raised allegations of contributory negligence against our client but we were able to defeat these allegations and achieved a settlement of £9,200 for her.

Our client comments:

“I am extremely grateful for the outcome of my case. Anna Pask was very helpful whenever I had a question on how the case was going, considering that I was not paying any legal fees. This was the ideal settlement I was after”.

How Osbornes can help

On contacting us you will speak in confidence to a member of our personal injury team who will ask you specific details about your injury including where and when it took place. It is helpful to the claims process if you can provide us with as much information as possible, including any relevant pictures of the injury, pictures of where the injury took place, details of any witnesses and reports of any medical treatment you had as a result of the injury.

We will then be able to advise you on whether or not you can make a claim for compensation.