• 2 November 2011

Case Study: The Tripping Accident – Doreen’s Accident

by Macks Solicitors

Doreen was walking along a public footpath when suddenly she lost her footing as a result of a pothole present in the surface of the footpath causing her to fall and sustain various injuries including a head injury and injuries to her neck, ankle and knee.

Macks – the tripping accident specialists

Doreen contacted Macks.  A member of Macks personal injury team was able to tell Doreen that the Highway Authority had acted negligently in several ways:-

  1. Failed to maintain or repair the highway with the result that the same was in a dangerous condition;
  2. Caused or permitted the highway to be or to become or to remain a danger and a trap;
  3. Failed to take any measures to maintain or repair the highway;
  4. Failed to place a guard or fence around the defective area of highway or give any warning of its dangerous condition;
  5. Failed to institute or enforce any or any adequate system for the inspection and maintenance of the highway;

Liability for the defendant’s negligence was admitted and compensation for Doreen was secured at £6,000.  Not only were Macks’ specialists able to secure compensation for Doreen’s injuries but also in respect of the care and assistance provided by her family and friends during the initial weeks following her accident.

Doreen’s case is representative of nearly all of Macks personal injury claims in that it was settled before Court proceedings commenced.  Only a small number of the claims handled by Macks progress to Court with most defendants settling cases prior to commencement of Court proceedings.

Please note that in the interests of preserving our clients’ privacy, we alter some factual details, including names. The report is, however, based on a real case.

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