Oliver Chapman, specialist personal injury lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured nearly £50,000 for a pedestrian who fractured her left neck of femur when she slipped on the poor road surface outside her house.
The claimant, who was in her 60s, slipped on the uneven and loose road surface outside her home in Mayfield, East Sussex. She suffered a displaced intracapsular fracture of the neck of her left femur.
It required two surgical procedures to repair it. In addition, she suffered a moderately severe depressive episode which was complicated by the need for additional surgical procedures.
Contemporaneous photographs from the time of the accident showed the road was in a very poor state of repair. However, the highway authority, East Sussex County Council, denied liability. The council argued that the road had not been in that condition when it had been inspected previously. In addition, whilst the defendant made no concession in relation to liability, it argued that the claimant was to blame for the accident as she should have known that the road surface was in that state given it was outside her house.
We obtained a number of witness statements from residents who confirmed that the road had been in a very poor state of repair for some time. We further argued that the state of the road was so poor that it was highly unlikely that it could have deteriorated to that extent in just the six months since the previous inspection.
Despite liability being in dispute, we negotiated a settlement of nearly £50,000, which included the cost of the surgery that the claimant might require in the future. In addition, the defendant paid her full legal costs.
Oliver Chapman specialises in highway tripping cases. If you would like to ask Oliver a question about a potential case please contact him on 01892 701234 in confidence.