Woman Struck by Falling Guttering Wins Compensation from Major Bank


A major high street bank has paid damages to a woman after she was hit by a falling piece of guttering.

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She was emerging on foot from the bank with her family in June 2012 when heavy lead guttering fell from the bank's roof, bounced off the – luckily empty – pram she was pushing and fell onto her foot.

Constant Pain for a Month

The 30 year-old suffered a soft tissue injury to her foot with minor cuts and bruising, causing her constant pain for a month. In the longer term, she continued to suffer tingling and numbness for nearly 2 years after the accident.

"She was fortunate in that her work accommodated her while she healed," Simpson Millar LLP's Ashley Stothard said. "Although she was unable to wear high heels for a while as they caused pain, she was on the whole able to live her life as before."

Pre-medical Offer Rejected

On receipt of the woman's claim for compensation, which ran to 14 breaches of the Occupier's Liability Act (the occupier of the property holds responsibility for any injury their building may have caused), the bank's insurers made a pre-medical offer of £1,000 to include costs.

"Based on our experience, we advised her to reject the offer and obtain medical evidence. The provision of a medical report and further negotiations resulted in us achieving a settlement figure of £2,850."

Insurers Often Make low Offers

Ashley noted that some insurers try to settle matters quickly by offering low sums of compensation. "Those making a claim may not know the true value, and will often accept these low sums and end up severely undercompensated," she said. "With our assistance, she received a much improved offer.”

"It was a great result and we're happy that we could secure her the appropriate compensation."

Top Tips to Take Away:

  • A first offer of compensation isn't always the best offer
  • Offers may be improved after providing medical evidence
  • A good solicitor will fight your corner all the way in order to secure you the best settlement

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