Surveyor Awarded £40,000 compensation following scaffolding accident
In November 2018, Mr J was carrying out his work as a Building Surveyor and attended a building site in Glastonbury. He climbed a ladder up to the first level of scaffolding and continued to carry out the Survey. Upon descending from the scaffolding down to the ground level, he exited the scaffolding through a spring-loaded gate and stepped onto the ladder in order to climb down the same. Unfortunately, the Defendants had failed to properly secure the ladder and as Mr J stepped on the same, the ladder swung and twisted around whilst Mr J was standing on it. Thankfully, he was able to save himself from falling to the ground by grabbing onto the scaffolding and pulling himself up to land on the same, on his knees.
Unfortunately, in the course of the accident, Mr J sustained a dislocation to his left shoulder which caused him significant pain and discomfort, as well as the need to take time away from his business and to require assistance from family in relation to his normal day-to-day activities, for a number of weeks.
In the Summer of 2021, Mr J instructed Martyn Prowel Gartsides to submit a claim, upon his behalf, for compensation in respect of damages for the injuries sustained by him as well as reimbursement in respect of the financial losses incurred by Mr J as a result of the accident. Being a Partner in his business, Mr J’s inability to carry out his work had a significant impact on his business, and a calculation was needed in relation to the financial implications of this.
Martyn Prowel Gartsides obtained prompt instructions from Mr J and set about submitting a claim to the Defendant’s Insurers. That claim set out detailed allegations of negligence and breach of duty against the Defendants referencing the Workplace (Health, Safety & Welfare) Regulations 1992, the Construction (Design Management) Regulations 2007, the Work at Height Regulations 2005 and the Management of Health and Safety at Work Regulations 1999.
Upon receipt of the detailed allegations, the Defendant’s Insurers accepted liability, or responsibility, for Mr J’s accident and injuries. Given the late instruction, and the imminent expiry of the three-year limitation period, Martyn Prowel Gartsides took steps to issue Court proceedings in respect of Mr J’s claim in order to preserve Mr J’s claim and to ensure that he did not fall foul of the Limitation Act.
Thereafter, Martyn Prowel Gartsides Solicitors undertook appropriate steps in relation to obtaining medical evidence in relation to Mr J’s injuries including obtaining a Medical Report following a full examination by an Consultant Orthopaedic Surgeon. They also took steps to obtain various documentation and information in relation to the financial losses incurred by Mr J, including review of his Business Accounts documentation and preparation of a detailed Schedule of Financial Losses on behalf of Mr J.
As the Court proceedings were ongoing, Martyn Prowel Gartsides exchanged offers of settlement with the Defendant’s Insurers and were subsequently able to secure a Pre-Trial settlement, on behalf of Mr J, in the total sum of £40,000, plus payment of costs.
Janine Griffiths of Martyn Prowel Gartsides said, “it was a pleasure to act for Mr J in relation to his claim for damages. Given the circumstances of the accident, he was very lucky to have only suffered a dislocated shoulder and the outcome could have been much worse for Mr J and his family. Having said that, whilst he was lucky to have only suffered a dislocation to his shoulder, this did, of course, cause him significant pain and discomfort, financial losses and great inconvenience to both his family and his business and it is only right that he be compensated for the losses he sustained as a result of the negligence and breach of duty of the Defendant. We were delighted to be able to secure such a substantial settlement for Mr J as a result of the injuries sustained by him”.
Martyn Prowel Gartsides Solicitors have a dedicated and specialist team handling high value Personal Injury claims and have years of experience in dealing with such claims. Further, they have Directors and Associate Directors committed to handling claims for damages which have resulted in significant and substantial injury and the entire team are committed to obtaining the highest level of compensation possible for their clients.