CWU member hails Simpson Millar's "fantastic" claim service

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Knee Injury ClaimSimpson Millar LLP has won compensation of £4,500 for a Berkshire postal worker who suffered a knee injury due to a defective manhole cover.

When the accident happened on the morning of 17 March 2012, our client was delivering mail to a private residence in Newbury.

Built into the pathway to the property's front door was a manhole cover. The cover was defective, however; a fact of which the postman was unaware since no warning sign was present.

As he stepped on the cover, it flipped over and collapsed. His right leg was forced into the drain and he sustained right knee ligament and tendon injuries.

To his credit, the homeowner came out to help our client. However, the man acknowledged that he knew the cover was damaged, and that he should have made certain that anyone using the path would be aware of the hazard.

On instruction from the CWU and on our client's behalf, we submitted a claim under the Occupiers' Liability Act 1957 and the Defective Premises Act 1972. The householder accepted liability and damages were settled at £4,500.

As part of our service we also arranged for our client to see a consultant orthopaedic surgeon, who diagnosed soft tissue injuries to his knees. Physiotherapy was prescribed, with recovery expected to take about 18 months.

As the case concluded, our client expressed his gratitude. "Simpson Millar were fantastic from beginning to end… I have used them on a number of different issues and have been very pleased with their services and professionalism. Thank you."

Gary Tierney of Simpson Millar LLP's Wimbledon office said: "CWU members, and especially those whose duties involve the delivery 'walk', are confronted daily by hazards from ill-maintained paths to dangerous dogs. Hopefully other householders will learn from our client's case and ensure postal workers are adequately warned about anything that could cause unnecessary injury."


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