Claimant Recovers £20,500.00 After She Tripped And Fell On A Defective Paving Stone

In May 2016 Mrs M, then 65 and employed by a local supermarket, went into the town centre of her home town to do some shopping.

As she was walking along one of the main streets in the town she tripped and fell on a defective paving stone.

She consulted our lawyers and on her behalf we contacted Devon County Council, who put us in touch with their insurers.

We then received a letter from the insurers informing us that the location where she fell did not form part of the Council’s responsibility and suggested that we view the entry on the Land Registry to ascertain the correct land owners.

We accordingly made a search on the Land Registry that appeared to indicate the road was repaired at public expense and then telephoned the Highways Department who confirmed that to be the case.

With that information, supported by photographs showing the accident took place within a few feet of a Give Way sign, we persuaded the Council to accept responsibility.

We then arranged for a medical report to be obtained that indicated that the Claimant had sustained a serious injury to her shoulder than prevented her lifting heavy objects and because of the injury she had been forced to give up her job at the supermarket.

We accordingly made a claim on her behalf for the injuries and financial losses sustained as a result of the accident.

In response, the Council, through their insurers, offered the sum of £13,000.00 in settlement of the claim.

They  sought to argue that the Claimant would have given up her job in any event shortly after the accident and further sought to argue that the medical records seemed to indicate that she had made a much quicker recovery from the accident than the medical report indicated.

We then entered into considerable correspondence with the Council’s representatives, who then passed the case to their solicitors.  Following extensive discussions we were able to satisfy the solicitors that the Claimant would indeed have worked for at least another eighteen months after she was forced to give up but for the injuries that she sustained in this accident.

Eventually the claim settled with the Claimant receiving £20,500.00.