Who’s Responsible for a Postal Worker’s Accident on Private Property?
A Lincolnshire postal worker who tripped due to a defect on a property
she was delivering to has been awarded personal injury compensation.
On 5 September 2011 our client was delivering to a property in School Lane, Harmiston, when she tripped on a large defect
in the drive.
The trip was sudden enough to cause our client to fall to the ground and dislocate her right elbow
. Forced to take time off work, she remained under the care of her doctor for some time after the accident.
"We wrote to the occupiers alleging that they had neglected to ensure a safe passage
around their property and had failed to establish an adequate system of inspection which might have identified the defect," commented Simpson Millar's Misty Cawley, who handled the postwoman's case on instruction from the Communications Workers' Union
Property owner was liable
"They had also allowed the access route to their property to become a hazard
, exposing our client to a foreseeable risk of injury. The defendants were therefore in breach of their statutory duty under the Occupiers' Liability Act 1957."
With Simpson Millar's help we secured a compensation award for our client of £6,200
Top Tips to Take Away
- Home occupiers have a responsibility to keep areas safe for lawful visitors
- Membership of a trade union may offer certain legal protections