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Rachel was commuting home from work in Belfast by train and had just left the platform to begin the short walk home from the station. As she walked, her right leg gave way on uneven pavement and she fell to the ground. The fall was significant enough that Rachel’s ankle suffered a minor fracture.
Whilst recovering, Rachel’s friend recommended that she contact McCartan Turkington Breen for legal advice. She did so with a view to pursue a claim for compensation and we took instruction from her. Our initial advice, given by Brian Turkington, was to return to where the accident happened and to obtain photographs of the uneven pavement on the basis that it could be repaired at any time. Rachel did so and provided us with the images. The photographs showed that the paving had not been properly filled in and smoothed following works in the area. This left a 2 to 3 inch drop where our client fell.
Evidence in hand, we then sent a letter of claim to the Department of Infrastructure. They denied liability and explained that a third-party company was contracted to complete the works that caused the damage. Consequently, we issued legal proceedings against the contractor. We then arranged for Rachel to see a consultant orthopaedic surgeon who specialises in foot and ankle injuries and provided us with a medical report outlining the full extent of her injuries.
After some back and forth, the contractor admitted liability and we entered settlement negotiations with them. The claim was settled for the sum of £14,000.
If like Rachel, 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 solicitor.
