Man gets Crutches Stuck in a Pothole and gets £3,650 in compensation
A man from Birmingham who got his crutches stuck in a pothole and fell
has won £3,650 in compensation.
Crutches stuck in a Pothole
The 41 year old man was walking along a popular high street in Birmingham. At the time he was using crutches due to a previous injury
to his left knee. As he was walking, both of his crutches suddenly became stuck in a pothole. He fell forward and injured his neck
and right shoulder. The fall also caused him to suffer cuts and bruises to his face.
The fall was sudden and left the man shaken. He had to be helped up onto his feet
by a passing stranger. The witness confirmed that the man had grazed his face, and both his nose and chin were bleeding.
He went to see his GP and was prescribed painkillers.
Before the accident, the injured man enjoyed an active social life. However, after the pothole accident he was unable to go swimming for around 5 months
For at least 3 months, he needed help from his parents with household chores
such as cooking, cleaning and shopping. He was unable to drive and his father would have to take him wherever he needed to go.
Shop was responsible for the Pothole
The injured man approached Simpson Millar LLP to take on his compensation claim. Initially, we contacted the local authority who confirmed that they did not own the land that the pothole was on. On further investigation we discovered the land was owned by a newsagents
and therefore they were responsible for the man's injury.
They had failed to ensure that the man was safe while using the pavement and had exposed him to a danger which they should have known about. They had also failed to repair the pothole
which caused the man to fall.
Simpson Millar LLP arranged for the man to have an MRI scan for his neck and shoulder
injury. The injured man did not have to pay for the scan, as it was funded by the shop owners' insurers.
The medical scans confirmed his injuries and that they were the result of his fall, which the shop owners were responsible for. We were involved in negotiating compensation for the man's injuries, and after rejecting 3 offers
we were able to successfully help him win £3,650
This unfortunate case highlights that not all accidents that happen on the pavement are the responsibility of the local authority. Shop owners are responsible for their shop frontages
and for ensuring that they are safe for pedestrians.