Oliver Chapman, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells office, has secured £17,000 for a claimant who suffered injuries to his lower limbs when he fell through a floorboard at work.
The claimant was employed by a building company. He was working on a house extension along with a sub-contracted electrician. Unbeknownst to the claimant, the electrician took up the floorboards. He provided no warning, either verbally or through erecting a warning sign.
The claimant stepped into the extension and partially fell between the floorboards.
As a result of his injuries, he was unable to work for 8 months.
We were instructed pursuant to a no win no fee arrangement. Whilst the defendant’s insurance company admitted primary liability, they alleged contributory negligence. That is to say that they placed some blame on the claimant for the accident. We argued against such allegations and the insurer subsequently withdrew them.
In the meantime, we obtained a report from a consultant orthopaedic surgeon who confirmed that the claimant had suffered the following injuries:
- A soft tissue injury to his right knee which caused pain and discomfort, but settled over a three month period
- A significant strain to the medial collateral ligaments of the left knee as a result of a direct blow to the medial aspect of the proximal tibia, resulting in bone bruising. The symptoms lasted for over two years
- Damage to the musculo-tendonous junction of the Achilles tendon, which resulted in left ankle stiffness and swelling. This was the most significant injury and, three years on, the claimant continued to experience nuisance value symptoms.
We valued the claim and negotiated a settlement of £17,000 without recourse to the courts. The settlement included compensation for lost earnings and for the care and assistance that the claimant’s family had provided.