Tripping accident

Mrs R was walking underneath some scaffolding, on a public road, when one of her feet slipped on a loose piece of plastic.  The piece of plastic apeared to have broken off an old and brittle treader plate from the foot of one of the scaffolding poles.  Unfortunately, Mrs R fell heavily onto the pavement, breaking her hip, requiring a hip replacement.  Although she made good recovery from the surgery, she continued to have some pain in her hip, particularly when bending and kneeling which meant that she was only able to return to work on a part time basis.

Mrs R initially approached the contractors involved in the building work herself.  Unfortunately she was passed around the various contractors and sub-contrators with none of them seemingly willing to accept responsibility for the incident.  As a result, Mrs R approached James Braund regarding the potential claim.  James managed to identify the approriate contractor who appeared to be resonsible for the scaffolding and put the claim to them.  Liability was denied by the contractor, who considered that the scaffolding had not been defective, despite a report shortly after the accident concluded that the treader plate was old and broken and should not have been used.  James spoke to witnesses to the accident and gathered appropriate evidence regarding the accident and also regarding Mrs R's injuries and losses such that he was then able to issue and serve Court proceedings.

Matters were complicated further by the fact that both the contractor and their insurance company were seemingly insolvent with no assets.  James was able to press the contractor's representatives to register the matter with the Financial Services Compensation Scheme, such that Mrs R was able to recover 90% of her claim against them (with the option to still seek recovery of the remaining 10% from the contractor itself, if there were any funds within the company to enforce against).

Although matters were formally defended by the contractor's representatives, due to the strength of evidence gathered, settlement discussions soon took place, following the service of Court proceedings and James was able to settle the claim in the gross figure of £35,000.

Meet the team

Clare Carter
Partner
Personal Injury
Salisbury
01722 426936
07500 935 695
Personal Injury
John Hall
Partner & Head of Personal Injury
Personal Injury
Southampton
023 8082 0526
07881 343953
Personal Injury
Tom Hartigan
Partner
Personal Injury
Salisbury
01722 426969
07917 272 373
Personal Injury
Gavin Lane
Partner & Head of Personal Injury Group
Personal Injury
Southampton
023 8082 0535
07884 184 681
Personal Injury
Chris Whiteley
Managing Partner
Personal Injury
Salisbury
01722 426921
07884 184 580
Personal Injury
James Braund
Senior Associate - Personal Injury Solicitor in Poole
Personal Injury
Poole
01202 339014
07887 525 415
Personal Injury
Rhiannon Daniel
Senior Associate
Personal Injury
Salisbury
01722 426923
07879 448 632
Personal Injury
Frances Gillett
Associate
Personal Injury
Salisbury
01722 426956
07880 712459
Personal Injury
Sarah Mills
Consultant
Personal Injury
Southampton
023 8032 0405
07801 577120
Personal Injury
Laura Rowe
Solicitor
Personal Injury
Southampton
023 8082 0537
Personal Injury
James Gleisner
Chartered Legal Executive
Personal Injury
Southampton
023 8082 0465
Personal Injury
Sarah Khudayir
Paralegal
Personal Injury
Poole
01202 339049
Personal Injury
Katherine Knapman
Paralegal
Personal Injury
Salisbury
01722 426925
07881 343 962
Personal Injury
Adele Martin
Paralegal
Personal Injury
Salisbury
01722 426975
Personal Injury
Alison Hutchings
Medical Records Nurse Assessor
Personal Injury
Southampton
+44 (0) 23 8082 0474
Personal Injury
Amy Gregory
Legal Secretary
Personal Injury
Southampton
023 8082 0538
Personal Injury
Anna Hagan
Legal Secretary
Personal Injury
Salisbury
01722 426918
Personal Injury
Lorraine Morrissey
Legal Secretary
Personal Injury
Salisbury
01722 426931
Personal Injury
Claire Parrett
Legal Secretary
Personal Injury
Salisbury
01722 426987
Personal Injury
Pamela Perry
Legal Secretary
Personal Injury
Salisbury
01722 426931
Personal Injury
Tanya Reeves
Legal Secretary
Personal Injury
Poole
01202 339031
Personal Injury
Eleanor Churchill
Legal Secretary
Personal Injury
Southampton
02380 820521
Personal Injury