ur client had stopped in a layby on the A1 near Hampole Services and when she got out of her vehicle her right foot went down an open manhole causing her to trip and suffer injury.
Our Client’s Injury:
Fractured right ankle
How did Hayward Baker help?:
Gary lee took on the case on a No Win No Fee basis and wrote to the defendant (body responsible for maintaining the highways in the location of the manhole) blaming them for the accident and asking that they confirm the name and address of their insurers at the time of the accident.
The allegations made were as follows:
The reason we are alleging fault is that you, your servants and/or agents have been negligent and/or in breach of your statutory duty under the Highways Act 1980 in:
a) Failing to maintain or repair the footpath which was in a condition which was dangerous to pedestrians, contrary to s. 41 of the Act.
b) Negligently causing or permitting the open manhole to be or to become or to remain a danger and a trap to persons using the footpath.
c) Failing to provide any temporary covering, if, which is not admitted, any permanent cover was missing.
d) Failing to cause the manhole to be covered and made safe and/or failing to fence or guard the open manhole.
e) Failing to institute or enforce any or any adequate system of inspection and maintenance of the footpath whereby the open manhole might have been detected and the same repaired before our client’s accident.
f) Failing to place any warning sign or other means whereby our client’s attention might have been drawn to the existence of the open manhole.
g) In the circumstances, failing to discharge your duty to our client as a highway authority or otherwise and exposed him to an unnecessary risk of injury.
h) Further, or alternatively, in the respects detailed above, the open manhole constituted a nuisance to the highway for which you are liable.
After some lengthy investigation the defendant insurers admitted liability for the accident and would pay our client compensation if a medical report was sought from a medical expert to prove her injuries were caused by the accident.
Gary arranged numerous appointments with an Orthopaedic Surgeon who formulated a report upon our client injuries and follow up reports after our client had an MRI scan and treatment to help resolve her injuries.
Gary recorded a schedule of out of pocket expenses (special damages) that our client could claim for in addition to any compensation awarded and these were:
- Travel expenses to and from medical appointments
- Care and assistance around the home for help with domestic and personal chores
- Loss of earnings for the yen weeks our client was off work due to her injury
- Cost of damaged jeans cut off her leg by the hospital
- Cost of any future treatment to her ankle
Once all the medical reports and special damages had been approved by our client they were returned to Gary along with the authority to settle the claim.
Gary settled our client’s claim for £13,500.00 to include compensation and special damages.
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