How did Negligence Ruin an Innocent Day's Fishing?
At 9am on 12 April 2012, a man and his son arrived for a day's fishing on a farm
at a popular Buckinghamshire venue for anglers.
Having made their way to the fishing pond on the farm, the man climbed the river banking to collect some equipment. But as he descended to the fishing platform, he slipped on the bank's excessive build-up of mud
, falling and fracturing his right leg and ankle.
Digging Work Obstructed Ambulance
He had noted that some digging machinery, which had arrived at the farm with them, was busy levelling off the uneven banking
This activity meant the pair had no safe way to access their assigned platform
other than via the muddy and hazardous banking. Furthermore, because the muddy hazard obstructed the paramedics who were called immediately after the accident, an air ambulance was required to fly the man to hospital
Off Work and Dependent on Family
On arrival the man, 51, a driver by profession, was given open reduction internal fixation surgery
. His injuries were severe enough to force him off work and he spent 10 weeks avoiding pressure on his leg
and became heavily reliant on his wife and family.
Pursuing a personal injury claim against the farm, Simpson Millar LLP alleged that he had been exposed to a foreseeable risk of injury or harm which the centre ought to have known was present. Having caused the banking to become dangerous, the farm had clearly failed to take adequate remedial measures.
Simpson Millar LLP's Misty Cawley, who acted for the man, said that the case involved an individual who had planned to enjoy an innocent day out
participating in his hobby, fishing.
"He was going about his usual business when he slipped and sustained serious injuries
as a result of the farm’s failure to ensure the area was safe for visitors," Misty commented.
"Occupiers owe a reasonable duty of care to all lawful visitors on their property
and should take reasonable steps to ensure their safety whilst on their property."
Negligence Caused Financial Loss
Misty noted that whilst the man made a very good recovery, he still sustained a serious injury and financial losses
as a result of the Farm’s negligence.
"Although the farm did not accept responsibility for the accident, we were able to reach an amicable agreement of £7,500
to compensate our client for his suffering and losses."
Top Tips to Take Away:
- Busy contractors can pose risks to the public. Take extra care if plant and machinery are engaged near you
- If you're injured because of contractors' activity, it's likely to be the venue itself that's liable
- The defendant (in this case the farm) does not have to accept responsibility for you to receive compensation