The defendant, Countrywide Estates Management, were responsible for maintaining the common areas and outside areas of the block of flats, in which Mr Y was a resident. The accident occurred in the early evening in November 2015 when Mr Y was walking down a walkway outside his property. The walkway contains a number of trees planted down the centre. Those trees were housed within square metal grids, with a circular hole in the centre where the tree is planted, surrounded by shingle. One of the grids no longer housed a tree and instead had been left with just shingle in the hole.
A number of residents had complained that Countrywide had failed to replace the tree, but despite this no action had been taken.
Given the time of year, it was dark and the lighting (also the responsibility of the defendant) was low.
Mr Y did not see the hole and his right foot became caught under the edge of the metal grid and he fell. He sustained tear to his Achilles tendon. His injury was treated with an aircast boot but took around 9 months to heal, during which time he lost his job. He also suffered depression as a result of his injury and difficulties financially as a result of his unemployment.
A claim was brought against Countrywide who admitted liability under the Occupiers Liability Act.
Jenny Waight, specialist personal injury lawyer, acting for the claimant successfully obtained an out of court settlement of £89,000 to compensate the claimant for their pain and suffering and lost earnings.
Jenny Waight specialises in personal injury cases. If you would like to ask Jenny a question about a potential case, or if you have a general query about any personal injury, contact Jenny Waight at Thomson Snell & Passmore solicitors on 01892 701374 in confidence.