Martyn Prowel Solicitors have successfully concluded a claim for damages for personal injuries sustained by a client who was injured when she was walking along a footpath in Splott, Cardiff and tripped over a paving slab which was sticking up from the ground level. Miss C sustained significant injuries to her left shoulder as a result of the fall.
Despite the fact that Martyn Prowel Solicitors were able to secure an early admission of liability in respect of the Claimant’s injuries, the extent of the injuries meant that the claim was unable to be settled until such time as the Claimant had undergone significant rehabilitation and surgical treatment.
Martyn Prowel Solicitors were quickly able to make arrangements for physiotherapy treatment and steroid injections on a private basis on behalf of the Claimant but, following a second medical examination by a Consultant Orthopaedic Surgeon, it transpired that the Claimant would require surgery to her left shoulder as a result of the injuries sustained. Again, Martyn Prowel Solicitors arranged for that surgery to take place on a private basis and the Claimant subsequently made a full and complete recovery from the injuries sustained, with only minor discomfort felt on occasions.
As a result of the delays caused by the need for surgery and rehabilitation, Martyn Prowel Solicitors issued Court proceedings upon the Claimant’s behalf in order to preserve her position, given the three year limitation period which applies to cases such as this.
Following extensive negotiation with the Council’s Solicitors, settlement was agreed, without the need for the Claimant to attend Court, in the total sum of £23,000.
Martyn Prowel Solicitors’ Janine Griffiths confirmed that, “claims against Local Authorities for injuries resulting from tripping over defective paving and pathways are inherently difficult to prove on the basis that Local Authorities have a statutory defence to such claims. If a Local Authority can establish that they have in place a reasonable system of maintenance and inspection at the location of an accident, and that they have adhered to the same, they will be able to completely evade liability for any injuries sustained as a result of the defect.
In this instance, and in several other matters, we have been able to establish, following analysis and review of the inspection notes and records received from the Council, that they had not in fact followed their own system of inspection and maintenance and we were therefore able to establish, early on, that liability for our client’s accident lay with the Council.
In the circumstances, it was of much benefit to our client that we were able to arrange for her rehabilitation treatment on a private basis, which meant that she reached her full recovery potential much sooner than would otherwise have been the case. I am very pleased to have been able to achieve such a high settlement figure on behalf of this client without the need for her to attend court”.
If you have been involved in an accident on the public highway which you believe may be the result of the Council’s failure to inspect or repair the same, our Janine Griffiths has an outstanding reputation for handling such claims – from her in-depth analysis of the Council’s inspection records, to her assertive approach in obtaining appropriate medical intervention on behalf of her clients, and her pragmatic handling of settlement negotiations, she is our “go to” specialist in handling such claims. Janine can be contacted via email at [email protected] or via telephone on 02920470909.