Knee & back injury leads to almost £8,000 compensation after defendant's 2-year denial

Dated:   

Female Back InjurySimpson Millar has successfully closed a personal injury claim on behalf of a dog walker who was hurt in a communal garden.

In October 2009 our client was walking her dog in communal gardens outside her property in Feltham, Middlesex.

As she stepped through the grass onto a covered manhole, the cover moved and caused her to fall into the hole. The result was soft tissue damage to the walker's right leg and back, injuries which would take around 18 months to heal.

At first there was some confusion about who was actually responsible for maintaining the gardens. And while enquiries revealed that the liable party was Bedford Gate, a management company, matters were further delayed by more than 2 years due to the firm's persistent denial of responsibility.

Our perseverance won the day, however, as we secured medical evidence of our client's injuries. As court proceedings were issued and served, Bedford Gate relented, settling a personal injury claim of £7,900 with £75 in 'specials'.

Under the Occupiers' Liability Act 1957, the defendant had been in breach of its common law duty of care in failing to ensure our client was reasonably safe in using its premises; and was negligent in that it failed both to provide warnings of danger and to operate a regular system of inspection. There were a number of similar breaches of the Act.


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