Summer Success Stories: Personal Injury Claims
It was another busy summer for Tilly Bailey & Irvine's Personal Injury Solicitors, as Legal Executive Gemma Tunney explains with a selection of recent successful case studies...
We would like to share with you a couple of the personal injury cases that we settled over the summer months.
A sticky cement situation
A man was walking his dog in the local area when he unknowingly stepped into a footprint shaped defect in the pavement. He stumbled forwards and fell to the ground, unfortunately sustaining injuries as a result.
Upon inspection of the defect it appeared that the Council had carried out some cement work, presumably to repair an initial defect. Unfortunately, someone had then stepped in the wet cement causing a footprint shaped hole in the cement.
The Council owe a duty to the public to inspect and maintain public footpaths. However the system implemented by the Council is not always adequate. We pursued this claim on the basis that when carrying out the cement work the Council had failed to ensure that the cement had dried adequately and was free from defects.
This could perhaps have been achieved by something as simple as placing a guard or fence around the cement whilst it dried and inspecting the cement upon completion.
The Council admitted liability for this accident and we arranged for the man to undergo a medical examination. He sustained rotator cuff tendonitis which was expected to resolve within 16 months of the accident. We were also able to arrange physiotherapy for him to ensure he received the necessary treatment. We successfully recovered £3,500 as well as the cost of the physiotherapy treatment.
Pitch (not) perfect
Another male and his friends had a regular booking with a local business who operate 5-a-side football pitches.
Due to a booking error, he was advised to warm up on an alternative pitch whilst his intended pitch was still in use. He and his friends noticed that there was a surprising amount of discarded drinks bottles on the pitch. Whilst they asked a member of staff to clear the pitch, nothing was done. Of course this is not the standard of safety that one would expect to find.
Whilst warming up on the pitch, the man stood on one of the bottles. His foot buckled over.
The Defendants denied that there were bottles littering the pitch and that any staff member was asked to clear the pitch. They also claimed that they had inspected the pitch a few hours before the accident and no bottles were present at that time.
We were able to obtain witness statements from the man's friends to support his claim. We considered that he had a very good chance of succeeding at trial and we therefore issued Court proceedings. Following sight of the witness statements, the Defendants put forward an offer to settle the claim. We considered that the offer was too low and a counter offer was put forward.
The Defendants accepted the counter offer. The claimant suffered a fracture to a bone in his foot and it took three months for the major part of his symptoms to settle. We successfully recovered £2,900 in compensation.
It is important that you instruct solicitors who are willing to fight for your claim. Here at Tilly Bailey and Irvine, we will not drop a claim where we consider that we have reasonable prospects of succeeding.