£25,000 Compensation for Woman who Fell in Poorly lit Walkway

Author:
Gulderen Salih
Associate Chartered Legal Executive
Date:
15/06/2022

We helped our client, Mrs. V after she suffered a severe injury on her way to work.

Mrs. V was walking up to the building she worked in along a poorly lit walkway when she tripped on the lip of the pavement and fell to the ground. The reason Mrs. V’s path was so dark was because the four lampposts that should have lit the way were out of service.

In the impact of her fall, Mrs. V suffered a fracture to her right distal radius – the end of a forearm bone near her wrist – as well as an associated injury to her thumb and nerve damage.

For the following two months, Mrs. V had her wrist in plaster and began to experience severe pain, swelling and a colour change around the area of the injury. She attended A&E in March where the cast was removed and she was given a temporary splint.

When Mrs. V later underwent physiotherapy, it was predicted that she would continue to suffer complications from her injuries.

How we Helped

After listening to what had happened to Mrs. V, it became clear that her employer (the Defendant) had breached a number of its duties in the lead up to her fall.

We put it to Mrs. V’s employer that they had failed to uphold their responsibility to provide a safe environment under both the Health and Safety at Work Act 1974 and the Occupier’s Liability Act 1957. This was primarily because the walkway was under their control and they failed to maintain it and ensure it was well illuminated at all times.

We also found that Mrs. V’s employer didn’t have a procedure in place for people to report the lampposts being out of order, meaning it took longer for repairs to be carried out. Additionally, there was no sign of there being regular inspections or maintenance of the lampposts.

We submitted this information in a formal letter to the Defendant and recommended an Initial Needs Assessment for Mrs. V as well as requesting that they fund her immediate rehabilitation.

The Outcome

Mrs. V’s employer made an early offer of £25,000 compensation. After we advised her of the options available, Mrs. V decided to accept this settlement. Mrs. V was 68 years old at the time and was understandably keen to put this case behind her.

We wish Mrs. V all the best and we hope the compensation she received helps her start to move forward.

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