Pothole in car park leaves client with a fractured knee

Following the accident, the client underwent surgery where wires were inserted into her knee, and she was left with her leg in a splint for 4 weeks.
The accident occurred as our client was returning to her car, following a shopping trip with her husband. As she walked across the carpark, she stumbled as her foot went into a pothole, and she fell forwards, landing heavily on her knee.
The client instructed us to pursue damages for the personal injuries she had sustained. Initially, the Council’s Insurers denied liability, stating that they had a system of inspection and maintenance within the carpark and that they had done all that was reasonable to ensure the safety of pedestrians. Following investigations into the paperwork provided by the Council, Martyn Prowel Solicitors alleged that, whilst some repair works and resurfacing of the carpark had occurred, the area of our client’s accident had been completely overlooked.
The Council’s Insurers eventually conceded liability for our client’s accident and, following our client undergoing a thorough examination with a Consultant Orthopaedic Surgeon in relation to her injuries, and undergoing physiotherapy treatment, negotiations led to settlement of our client’s claim in the sum of £10,800.
Janine Griffiths from Martyn Prowel stated: “Claims against Local Authorities in respect of tripping accidents are notoriously difficult to prove, with the Councils having a Defence to any claim, provided that they can prove they have a reasonable system of inspection and repair. All too often, Council’s Insurers deny liability for such accidents without being able to prove their Defence. Upon thoroughly inspecting their documentation and evidence, we were able to establish that the Council’s inspection and maintenance regime in this instance was not sufficient, and, following lengthy arguments, proved to their Insurers that the statutory Defence could therefore not be relied upon. We were delighted to be able to obtain compensation for this client”.