The claimant tripped over a step in the entrance to the B&B, sustaining multiple injuries including spinal and hip injuries. A two-inch step at the B&B entrance which was made of black stone and not marked was an obvious hazard; but not a hazard noticeable by the unsuspecting public.
The claimant unfortunately tripped on the step and fell.
The incident was reported to the owner of the guesthouse and an attendance at A&E was required by the claimant after suffering pain in the neck, shoulder, chest, back, hip, knee and ankle area from the fall.
Liability
Liability was denied by the Defendant for the following reasons:
- The steps were allegedly not defective
- No similar incidents had been previously reported
- The weather was bright and dry
- The claimant had passed up and down the step several times before the time of the accident
The Defendant also tried to argue that the accident didn’t happen as alleged. They took issue with the position of where the claimant was found in relation to the location of the trip, which is a pretty brave argument to try and make.
Essentially, they’re suggesting the claimant wasn’t telling the truth.
Settlement achieved
We were confident we would win our case so we issued court proceedings and pressed on with the claim. Where we get to a point where liability is denied, we must assess the prospects of the case and make an informed decision as to whether we’re happy to continue with the case.
In this instance, we fought for our client’s rights to compensation, and we were successful in pushing for a settlement and utilised specialist offers that placed a greater risk on the opponent.
The defendant accepted an offer £4,000.00 which was made based on our client’s instructions in accordance with our specialist advice.
Another potentially hard case settled
Some lawyers would shy away from this sort of case. These sorts of circumstances don’t always make for confident reading…
That being said, where we’re confident in our case and confident in our client’s evidence, we will fight for their rights to claim. This is why people have come to The Injury Lawyers for years for our specialist expertise.
We’re not like other lawyers – and we’re prepared to go the extra mile to win the case for our client.
If you would like expert advise on making a slip, trip or fall claim for compensation then call us free from a landline or mobile on 0800 634 7575 and speak to one of our claims team today… Or if you prefer, fill out our form below and we will call you back at your chosen time.
