Nelsons secured compensation for Mrs T after she suffered an injury while visiting a restaurant.

Having parked her car in the restaurant’s poorly lit car park, Mrs T proceeded to walk towards the building.  The main door way was obstructed by a builder’s temporary fencing so it was therefore necessary for Mrs T to negotiate a path around the obstacle.  In doing so she tripped over a concrete block which was set up at a right angle to the fencing itself, projecting well out into the restricted space of the walkway.  It was unmarked without any safety notice, cone or any other warning and was unlit. 

Mrs T tripped and fell to the ground sustaining bruising to both of her knees and her right hand, as well as a laceration to her right thumb.

Medical evidence confirmed that as a result of her fall, Mrs T had suffered abrasions to both knees and a soft tissue injury to her right foot, the symptoms of which settled within 2 weeks.  In addition, she suffered a soft tissue injury to her right thumb.  At the time of the examination, some 9 months post accident, it was noted that the thumb was stiff in all movements, flexion was limited to 90% of the normal range and there was pain when applying pressure causing difficulties in performing everyday tasks.  A course of physiotherapy was recommended and a full recovery anticipated within 14 months from the date of the accident.

Liability was apportioned on a 90/10 basis in favour of Mrs T. Whilst primary liability was accepted, the Defendant raised an allegation of 25% contributory negligence on the basis that the car park was properly lit, that the barricade was there to be seen and that Mrs T had chosen to take a short cut rather than walk around the car park to gain access to the building.  Nelsons argued that in line with the decision in Gallagher –v- Strathclyde RC an appropriate deduction would be 10% on the basis that the accident occurred in the dark and that Mrs T had no prior knowledge of a defect.

An offer of £2,000 was accepted by Mrs T, net of the 10% deduction.

Read more about the personal injury cases that Nelsons have handled by visiting our Personal Injury Case Studies page. 

For advice on pursuing a claim for compensation please contact a member of our Personal Injury team.