Our client was walking along a path on the Isle of Wight when she tripped and fell when her foot went down into a defect in the pavement.
As a result of the fall our client suffered personal injury.
Our Client’s Injuries
Sprained left ankle and damaged ligament. Severe grazing and bruising to right knee.
What did Hayward Baker do to help
We took on the case on a No Win No Fee basis.
Identifying the person responsible for the pavement took some time as the pavement was a recent reinstatement.
When the defendant was identified we wrote to them blaming them for the accident because they failed to maintain the pavement in a reasonable state of repair, contrary to the duty imposed by section 41 of the Highways Act 1980. They failed to institute a proper system of inspection of the pavement and/or caused or allowed the pavement to be or become in a state of dangerous disrepair. Furthermore they failed to warn pedestrians of the danger posed by the defect, and failed to take any reasonable care to see that pedestrians would be safe in using the pavement.
Liability was admitted so all we had to prove was that the injuries sustained were caused by the accident. We did this by obtaining a medical report upon our client’s injuries. The expert used on this case was an Orthopaedic Surgeon who examined our client before formulating his report.
We used the report to value our client’s compensation and associated losses.
We negotiated a settlement figure for our client of £3,500.00 including travelling expenses to and from hospital appointments, loss of earnings and damaged clothing.