3 minute read
Joan, a pensioner, was spending her day shopping in Carrickfergus, County Antrim. Unfortunately, whilst leaving one premises, she fell down some small steps at the exit. She suffered several injuries with the most serious being a broken leg. As a result of her injury, she required surgery and had to stay in hospital for two weeks followed by another two weeks at the rehabilitation unit. She was unable to bear any weight for thirteen weeks, however the total recovery time was much longer. Consequently, Joan had to make home adjustments including moving her bedroom downstairs. Her husband had to provide a high level of care and assistance throughout the entire recovery period.
Recognising McCartan Turkington Breen as having a leading personal injury department in Northern Ireland, Joan contacted us with the intent of pursuing an occupiers’ liability claim, commonly known as “slip or trip” claims. She instructed a partner of the firm, Stephen Clarke, who initiated the claim on Joan’s behalf. We sent a letter of claim to the shop and had the client examined privately by a trusted consultant orthopaedic surgeon. We also had the steps of the shop inspected by a consultant engineer who indicated that it was clear that the steps would not meet current Building Control and planning permission requirements. The medical report and engineer report helped us establish what we believed to be the value of the claim and who was liable for Joan’s injuries.
In the meantime, an issue arose when the shop denied liability and blamed their landlord for the slipping accident. We then issued court proceedings against the shop and added the landlord as a co-defendant. Soon after, both defendants indicated a willingness to negotiate a settlement and avoid a court hearing. During a series of discussions, Stephen successfully negotiated a settlement figure of £175,000 for Joan who was delighted by the outcome.
If you were injured in a public place, our team of personal injury solicitors are available to help you too. You can learn more about our Public & Occupiers’ Liability Claims service or contact us for a free, no commitment discussion with a personal injury specialist lawyer.
The name referenced throughout this case study is a pseudonym that has been put in place to protect the client’s privacy.
