Mr C instructed Martyn Prowel Solicitors in Cardiff in relation to injures he suffered as a result of tripping over a missing paving slab in Cardiff City Centre. Mr C fell heavily to the floor and broke his wrist in the accident, as well as sustaining whiplash and jarring injuries to his back. Mr C was 64 years old at the time, and quite shaken up by the whole incident.
Mr C had previously instructed another Personal Injury Specialist in Cardiff to pursue damages for the injuries he had sustained. That firm wrote to Cardiff Council, who responded denying liability for Mr C’s accident. The Solicitors therefore wrote to Mr C confirming that they were discontinuing the claim as they did not think there was any chance of winning.
Mr C then contacted Janine Griffiths, a Personal Injury Specialist at Martyn Prowel Solicitors and asked for a second opinion. She obtained the previous Solicitors file of papers from them, and having considered the documentation provided by the Council, concluded that the Council were wrong to deny liability in relation to Mr C’s accident. Miss Griffiths wrote to the Council’s Insurers setting out a number of discrepancies with the Council’s inspection and maintenance reports. She also obtained a Witness Statement from the owner of the shop outside which the accident had occurred, and who had attended to Mr C following the accident, which was sent to the Council’s Insurers. Following further correspondence and arguments in relation to liability, the Insurers eventually admitted liability on behalf of the Council, and Martyn Prowel secured damages on behalf of Mr C in respect of the injuries suffered.
Miss Griffiths said, “It is such a shame that the Council’s Insurers are so quick to deny liability for accidents of this nature without having really considered whether maintenance and repair regimes are being followed. Fortunately for Mr C, we are experienced in claims of this nature and know all too well the issues which may arise in a case like this. I am so glad that Mr C came to me for a second opinion and did not just accept his previous Solicitor’s advice to drop the claim”.