Our client was leaving work with a colleague and walking towards the car park where she’d left her car. As she got nearer the entrance to the car park, she caught her toe on a protruding paving slab and fell forwards onto the pavement.
The accident was caused by the land owner’s negligence and breach of statutory duties under the Occupiers’ Liability Act 1957 as they:-
· failed to institute or enforce any adequate system of maintenance and repair of the paving slab and so the defect could be detected and repaired before any accidents occurred.
· failed to maintain or repair the paving slab when it was in a defective and dangerous condition.
· allowed the defect to remain a danger to trap people using the pavement.
· failed to warn our client of the defect.
· failed to place a barrier around the defect.
· exposed pedestrians to an unnecessary risk of injury.
Our client sustained whiplash to her neck, chipped a front tooth among other dental damage, cut her lip, cut her hand and the bridge of her nose and sustained soft tissue injuries to her knees, wrists and arms. She also developed headaches as a result of the accident.
The land owners admitted liability.
Our client had to have extensive dental work to bridgework, implants and repair of the chipped tooth as a result of the accident. Lawson West were able to recover an interim payment towards the costs of dental work to ensure our client was not kept waiting to be reimbursed after paying. She also had arthroscopy surgery to her knee and took four weeks off work after surgery. The pain from her damaged knee caused fatigue brought on by lack of sleep and ruined a holiday that had been booked before her accident.
Our client was awarded nearly £7300 in general damages for her injuries. Lawson West also recovered additional compensation for costs of the dental work, loss of earnings and costs of getting to and from dental appointments.
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