Compensation Claim involving Trip Accident
The client, aged 86 at the time of the accident, submitted a personal injury claim as a result of an injury sustained whilst in her own property. The Claimant had called out the Defendant to her home address following an emergency call for a burst radiator. The Defendant’s employee had left the Claimant’s premises to look for a meter which took approximately 5 minutes, as it was situated on the 3rd floor and the lift was not working. During this time, the Defendant’s employee had left his tool box unattended with a flex which stretched across the front door. The lighting was not good and without warning, the Claimant tripped over the flex sustaining personal injury. As a result of her fall the client sustained a soft tissue injury to her right leg.
Primary liability was accepted however they raised Contributory Negligence as an issue on the basis that whilst the tool box and flex were placed around the corner from the front door, the Claimant had been advised on numerous occasions to return to her flat and sit down. Had she done so, the accident would not have happened.
Initially a deduction of 40% was proposed. It was agreed at a 30% deduction.
The client received £3,850.00 in compensation for her injuries, taking into consideration the 30% deduction.