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Compensation Claim Involving Trip & Fall Accident

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The client had been out for the evening with his family and was returning to a friend’s flat. The flats were owned by a housing association and access to the flats was via outdoor walkways on each floor. Our client went up the stairs to the top floor and out onto the walkway. There were no lights and no warning signs but one of the side barriers along the walkway had been removed for repair. The barrier was lying on the walkway.

As it was evening and dark, our client did not see the section of barrier lying on the ground and tripped over it. He fell to the side and through the open gap where the barrier should have been and off the walkway on the walkway on the middle floor below, sustaining minor injuries.

The housing association eventually admitted primary liability but offered 50% reduction for contributory negligence on the basis that the client’s hospital records stated the client had consumed 6 or 7 pints of alcohol prior to the accident.

The contributory negligence was denied on the basis that it was dark and there was no lighting and the client was likely to have fallen over the barrier even if he had not consumed any alcohol. The claim was settled on a 75/25% basis in the client’s favour.

The client’s claim was valued at £1500.00 and he received £1125.00 in settlement on the above basis.