Circumstances of the accident
We acted on behalf of a client who slipped on a drainage channel on a very wet day. The drainage channel was situated on a busy thoroughfare outside a shopping and entertainment centre. The owner/occupier of the centre was responsible for ensuring that the thoroughfare was safe for anybody walking there.
Our client fractured his ankle and required extensive private treatment to help with the resolution of his symptoms.
The occupier of the centre denied liability for the accident and blamed our client for not taking care of his own safety and suggested that he ought not to have walked on the drainage cover during such wet weather.
How we helped our client
We raised a Court action against the owner of the centre on the basis of their failure to make the thoroughfare reasonably safe.
We obtained an expert report from a health & safety expert. This concluded that the drainage channel presented a higher chance of slipping during periods of rain and that there were missing sections of anti-slip tape which meant that more stainless steel (which carries a risk of slipping) was exposed. Thus, the owner of the centre had not reduced the risk of slipping to an acceptable level.
We obtained medical evidence from a consultant orthopaedic surgeon which dealt with the ankle fracture sustained by our client. This report detailed the diagnosis, recommended treatment, and confirmed that our client’s continued symptoms could be linked to the injury caused by the accident.
Settlement
We were able to achieve £7,500 for all our client’s head of claim. This was an excellent outcome in a case where liability was denied, failing which, the owner of the centre alleged that our client was also partially responsible for his injuries due to “contributory negligence”. Achieving this outcome was due to our robust preparations, both in relation to liability and the value of the claim.
