I Tripped Whilst Delivering Post, Should I Have Seen the Hazard?
A hard working postman tripped whilst doing his normal round
and injured his shoulder. Due to his injuries he had to take time off work to recover
and decided to speak to Simpson Millar LLP to start his personal injury compensation claim.
Temporary Gate Stop Caused the Fall
The delivery postman was doing his rounds when he came to a house with a temporary gate. He had delivered to this property before and to get onto the property, he had to lift the gate over a brick
that was being used as a temporary gate stop. This is a dangerous practice, and if you are a homeowner, one you should avoid.
As he made his way through the gate by lifting it up over the brick and pulling it towards him, he tripped and fell, dislocating his shoulder
in the process. This is a very painful injury and sometimes you may not be able to move your shoulder at all.
Not only was the brick in an inappropriate place and causing a hazard
for all those who would be using the gate, there was no sign to warn anyone that it was there.
Was The Homeowner Fully Responsible?
The 41 year old subsequently had to miss 7 weeks off work
to recover from his injuries and lost confidence in his ability to do his job.
We arranged for a medical examination to support that his injuries were caused by the trip and that they were the direct result of the brick being put in an unsafe place
. Although the postman had delivered there before, the homeowner had to take full responsibility for leaving the brick where it was.
Gary Tierney, a partner in the personal injury team at Simpson Millar LLP, commented that "The accident shows that homeowners are legally responsible for lawful visitors
to their property and they have a duty to keep their property reasonably safe for such visits."
We were able to help the postman get £7,394.50 for his injuries