£4,000 compensation for pub customer with facial injuries

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Simpson Millar has won £4,000 compensation for a Hertfordshire woman who suffered facial injuries after falling on uneven tarmac.

Uneven Tarmac

Our client had just dropped off some items for a family member at a pub in Eardisland and was walking across the pub's car park when she stumbled and fell. The accident, which happened at around 5pm on 17 September 2010, caused the woman serious facial injuries.

For a week she was unable to properly see through a severely swollen eye. She sustained a lump over her eye which remained even after her injuries had healed, her spectacles were smashed and she was forced to wait about 1 month before new glasses could be fitted. She also suffered bruising to her stomach and both legs.

We contacted the owner of the pub about its car park, alleging negligence. Among 5 breaches of the Occupiers' Liability Act 1957, the landlord had failed to ensure that our client was reasonably safe; had not warned of the hazard by way of signs or barriers; had not set up an inspection system; and allowed the tarmac to pose a danger and a foreseeable risk of harm.

At first the defendant argued that our client was 33% contributory negligent on the basis that she should have noticed the defect and that she was aware of the car park's layout. However, the level of contributory negligence was rejected as too high.

In relation to the lump over our client's eye, medical evidence was obtained from a GP and later from a General Surgeon. Prior to the latter's findings, the defendant’s insurers offered compensation of £3,000. Once we had received the report, however, we were able to up the offer to a settlement of £4,000.


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