Carol* was awarded £27,500 as compensation for an injury sustained from a trip on the pavement.

Carol was walking her dog around the local housing estate when she encountered a broken and raised paving stone, causing her to trip and fall to the ground. She unfortunately suffered a fractured right wrist resulting in permanent loss of range of movement, reduced grip strength and carpal tunnel syndrome. Whilst her symptoms could be improved with carpal tunnel surgery, nerve damage to her hand was expected to be permanent.

Aston Knight Solicitors began by investigating the scene of the accident carefully, including taking measured photographs of the defect and speaking to local residents to take witness statements. A claim was then submitted to the local council who initially admitted liability but subsequently attempted to reverse their position by seeking to argue that Carol’s accident happened elsewhere. We considered such a suggestion to be untenable and, after obtaining expert witness evidence from a consultant hand and wrist surgeon, progressed to court proceedings following which settlement negotiations took place. Whilst the Council’s representatives initially made lower offers, ultimately a strong settlement of £27,500 was achieved.

Solicitor James Winterbottom who dealt with case comments:

“This case highlights the importance of undertaking site inspections and speaking to local witnesses. Many local councils will say they have robust inspection regimes but thorough investigations, including speaking to local residents, often reveals that defects have been present for years, and therefore such evidence enables us to secure admissions of liability. It is also important not to be influenced by baseless attempts to resile from an admission of liability as was attempted in this case.”

Carol was delighted with the handling of her case and commented:

“Excellent service in all areas covered by the claim and attention to detail etc. when and where applied. Keeping me fully informed regarding the claim of the stages reached, and outcome of same. Plus discussions regarding amount of claim, and a satisfactory conclusion reached. Plus, the visits made to view scene of accident, take photos and measurements, and speak to nearby residents to get their views and comments helpful to my case. Samiah, James’s assistant kept us up-to-date with the progress of the claim, and is a good member of your team. We are very satisfied with the attention to my claim by James and Samiah, both of whom are very nice, obliging people to deal with.”

*name substituted to protect client confidentiality

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