Oliver Chapman, specialist personal injury lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £9,500 for a claimant who suffered a fractured arm when she tripped on a footpath.
The claimant was in her 60s and lived in an area where significant gasworks were undertaken. A contractor commenced excavation works along an alley near her house. On the penultimate day of the works, a neighbouring resident observed that the contractors had created a notable defect in the footpath. The defect was a ridge/step which ran across the middle of the footpath. He reported the defect to the contractors who assured him that it would be repaired the following day when the works were completed. The contractors left without repairing the defect.
A few weeks later, the defect was drawn to the attention of Kent County Council as the Highways Authority responsible for the footpath. An inspector visited the site and confirmed that works would be undertaken to restore the footpath.
Unfortunately, about two to three weeks later, the claimant was walking along the alley after nightfall. The defect had not yet been repaired and she tripped over it. She landed heavily and suffered a closed fracture of both bones of the forearm. She suffered a displaced fracture of the mid-shaft of the radius and an undisplaced fracture of the mid-shaft of the ulnar.
We were instructed pursuant to a conditional fee agreement (a no win no fee) and wrote letters of claim to both the contractor who created the original defect and Kent County Council who failed to repair the defect despite it being brought to its attention.
Both parties originally denied liability and we obtained several witness statements from local residents to support the claim. After further correspondence, Kent County Council admitted liability.
We obtained a medical report from a consultant orthopaedic surgeon who confirmed the injuries suffered but also noted that the claimant had suffered complications with her right arm since she was a child and thus believed that the accident had exacerbated her symptoms for one year only. Any ongoing symptoms could not be linked to the accident.
The defendant originally offered £5,200 but after further negotiation the claim settled for £9,500 plus payment of the claimant’s costs.
Oliver Chapman specialises in slipping and tripping claims. If you would like to speak to Oliver about a potential case, or have a general query about any personal injury, please contact him on 01892 701234 in confidence.