Oliver Chapman, specialist personal injury lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £8,000 for a claimant who fractured her wrist when she tripped at a service station in St Leonards on Sea.
The claimant was in her 50s and had attended a service station in St Leonards-on-Sea, East Sussex, to put petrol in her car. As she approached the shop, her right foot caught on the kerb of an unseen raised section of the forecourt causing her to trip. The raised surface was the same dull maroon and grey colour as the rest of the forecourt. As she tripped, she attempted to steady herself but fell forward into the shop’s door.
Some time prior to the accident, the step had clearly been identified as a hazard and had been painted white. However, over the course of time, the paint had deteriorated and had significantly faded. Within ten days of the accident, it was re-painted.
She was taken to the Conquest Hospital where a displaced fracture of her right wrist, involving both the distal radius and ulna was diagnosed. She underwent surgery and was in plaster for six weeks but ultimately made a good recovery.
The defendant’s insurance company initially denied liability and disclosed a witness statement of the service station’s owner. We responded with a detailed analysis of the case and this led to an admission of primary liability but an allegation that the claimant had been contributory negligent (i.e. that she had contributed to the accident) in the sum of 20%. Again, we denied that allegation and the defendant admitted full liability.
The case settled for £8,000 plus payment of legal costs without the need to involve the court.
Oliver Chapman specialises in slipping and tripping accidents. If you would like to ask Oliver a question about a personal injury case, please contact him on 01892 701234 in confidence.