£2,400 damages for injured shopper in car park

Dated:   

Simpson Millar has secured personal injury compensation for a shopper who was hurt after tripping on a pothole.

Pothole

At around 10.35am on 29 March 2010, our client was walking to her car across a parking area outside a food shop when her foot was caught in a pothole in the tarmac.

She sustained soft tissue to her neck from which recovery took some 18 months, alongside grazes to her elbow and blunt trauma to her chest. During her treatment and recovery she also incurred considerable medical and incidental expenses.

We wrote to the retailer and to its estate agent alleging a number of breaches of the Occupiers' Liability Act 1957. The defendants had not operated a regular system of inspection to ensure the car park was free from hazards; had failed to set up an adequate and regular system of inspection and maintenance; and did not warn visitors of the presence of the pothole. All in all, the defendants had exposed our client to a risk of injury which they ought to have known was present.

Although no admission of liability was forthcoming for about 7 months – lack of evidence of neck injury in our client's medical records gave rise to concerns over causation – we received an offer of £1,500. Settlement was eventually agreed days before proceedings were due for a total sum of £2,400.


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