Damaged knee cartilage caused by fall at work

Our client was employed as a driver and driving a van supplied by his employers.  As our client climbed out of the cab, he put his foot on the step, which was part of the cab.  The step gave way and our client fell to the floor, jarring and injuring both knees. 

The accident was reported and recorded in the accident book.  Our client attended hospital after the accident where he was found to have damaged knee cartilage which required an operation.  Lawson-West began a personal injury claim because the accident was our client’s employer’s fault as they:-

• provided plant and equipment that was defective and dangerous to the extent that if necessary our client will rely upon the provisions of Section 1 of the Employers’ Liability (Defective Equipment) Act 1969;
• failed to maintain the van in an efficient state, in efficient working order and in good repair, contrary to regulations 5(1) of the Provision and Use of Work Equipment Regulations 1998;
• failed to inspect the van to ensure that it and more particularly, the step was safe to operate and/or use contrary to Regulations 6(1) of the Provision and Use of Work Equipment regulations or at all;
• failed to take measures to ensure that exposure of our client to the risk of any part of the van, was prevented, contrary to Regulation 12(1) of the Provision and Use of Work Equipment Regulations or at all;
• failed to provide or maintain for our client a safe system of work;
• failed to provide or maintain for our client, safe or adequate equipment;
• failed to take any or any adequate care for the safety of our client;
• exposed our client to a danger or a trap with a foreseeable risk of injury;
• failed to discharge the common duty of care to see that our client was safe in using the van contrary to Section 2 of the Occupiers’ Liability Act 1957;
• caused, permitted, required or suffered the step to remain defective;
• failed to warn our client of the defective step.

Lawson-West recovered compensation of £4000 in respect of our client’s injuries including loss of earnings as our client could not work until he had sufficiently recovered from his operation.

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Hotel’s failures led to fractured arm injury

Our client had booked a week’s stay at a hotel with her husband.  She’d booked a double room with an ensuite bathroom.  After a day out, our client returned to her room to have a shower before dinner.  She had plenty of time and was not in a hurry.

In the bathroom there was no bath mat available but a paper towel had been put down on the floor by hotel staff.  The floor was made from lino material.  There was no hand rail to assist visitors to get out of the bath, only a towel rail at the end of the bath.  Our client finished her shower and lifted her left foot over the side of the bath and put it on the paper towel that was acting as a bath mat.  At the same time she rested her hand on the towel rail to steady herself.  The towel rail gave way and the paper towel slipped so our client fell heavily to the floor.

Our client’s husband came to her assistance.  Initially it was thought that the injury sustained to her wrist and arm was a bad sprain.  Our client reported the accident to the hotel staff who arranged for our client to see a doctor the following day and she was sent to the local hospital where it was discovered she actually had a fractured arm.

Lawson-West solicitors began a personal injury claim.  The hotel was in breach of its statutory duties under the Occupiers’ Liability Act 1957 in that it:-

• failed to take reasonable care to ensure our client was safe in using the premises;
• failed to provide suitable bath mats;
• failed to provide a hand rail to help visitors climb in or out of the bath when the hotel should have known this could cause injury;
• failed to ensure the towel rail was securely fixed to the wall;
• failed to ensure the towel rail was strong enough to act as a hand rail as a hand rail had not been provided;
• failed to place any warning signs to advise that the inadequate paper towel might slip;
• failed to place any warning not to use the towel rail as a hand rail.

Our client followed up her visit to the hospital local to her hotel with visits to the hospital nearest to her home for treatment to her arm.  Lawson-West recovered compensation of just under £3000 for our client’s injuries and care received whilst she did not have full use of her arm.  As our client is retired, there was no loss of earnings.

Weighbridge Trip caused Torn Ligaments

Our client, who is employed as a delivery driver, arrived at premises where he was to make a delivery.  After offloading his delivery, our client drove towards the exit.  Our client had been instructed to exit via the weighbridge so he drove onto the weighbridge and got out of his lorry in order to collect the paperwork.  After he’d got out of the cab, he stood back to shut the cab door and his foot went over a raised edge, causing him to fall.

 

Lawson-West began a personal injury claim.  The accident was the fault of the occupiers of the premises where the delivery was made because they:-

 

·         failed to keep the weighbridge area free from obstruction;

·         failed to provide or maintain a safe means of access to every place at which our client had to work or make and keep safe the place in which our client was working;

·         failed to discharge common duty of care to see that our client was reasonably safe when using the premises;

·         caused, permitted or suffered the surface next to the weighbridge to become or remain a hazard;

·         failed to devise, institute, operate or ensure the institution or operation of any or any adequate system of housekeeping in order to ensure the premises were kept free of tripping hazards;

·         exposed our client to a foreseeable risk of injury;

·         instructed our client to walk in the weighbridge area when it was unsafe to do so;

·         failed to warn our client of the dangers of walking in the weighbridge area or prevented him from using the weighbridge;

·         failed to take any or any adequate care for the safety of our client;

·         breached statutory duties under the Workplace (Health, Safety and Welfare) Regulations 1992 and Occupiers’ Liability Act 1957.

 

After his fall, it took several minutes before someone came to help.  The accident was recorded in the accident book.  Our client phoned his employer to tell them about the accident.  He managed to drive back to his employer’s premises where he continued working.  However, on the day after the accident, he attended hospital where he was diagnosed as having torn ligaments in his ankle.

 

Lawson-West recovered accident compensation of £1750 for our client’s injuries along with compensation for loss of earnings as our client had to take time off work following the accident.

Dental Work and Damaged Knee after a trip near a car park

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.