Settlement for client injured due to unsafe public walkway

Natasha Gunn and Jasmine Cattigan have successfully negotiated a favourable settlement for a client who suffered injury due to a failure by contractors to keep a public walkway safe and free from hazards.

Background 

Our client was walking home from work when she encountered unexpected building works obstructing her usual route. Brick netting and other building materials had been left strewn across the only accessible pathway. There were no warning signs, no hazard notices, and no indication of an alternative safe route.

With nothing to suggest that the path was unsafe, our client proceeded carefully. Unfortunately, as she stepped over the materials, she slipped, sustaining painful injuries to her wrist and shoulder.

Liability Investigations and Medical Evidence

The claim was initially directed to the building contractors however liability was denied on the basis that the sub-contracted scaffolding business was responsible for securing the building materials. Disclosure of the risk assessment and accident report from the scaffolding business were obtained promptly which confirmed that the scaffolding company was responsible for failing to secure the brick guards resulting in the accident.

The claim was therefore re-directed to the  scaffolding business and liability was secured in full.  

During these discussions, expert medical evidence was obtained on behalf of our client. The expert confirmed that all injuries were entirely attributable to the accident. Notably, there were concerns that she may have also suffered nerve damage to her hand.

Negotiations 

Despite advice to obtain further medical evidence to fully assess the potential nerve injury, our client expressed a strong preference to reach a swift and fair settlement whereby she would receive £25,000 net after any deductions.

The Defendant made a Calderbank offer of £26,000 in an attempt to settle and avoid additional expert involvement. Confident in our evidence and committed to securing the outcome our client wanted, we recommended rejecting this offer and making a counter‑offer. 

A strategic Calderbank offer of £30,000, supported by strong arguments on both liability and costs was made to achieve the £25,000 sought by our client.

The Outcome

Within just seven days, the Defendant accepted both our client’s Calderbank offer and our offer on costs. The matter was concluded swiftly and our client received the desired £25,000 in her hand.

The Claimant was represented by Natasha Gunn and Jasmine Cattigan of Dean Wilson LLP. 

Contact Dean Wilson for your personal injury claims

Dean Wilson Solicitors acted for the Claimant under a no win no fee style agreement. The team can be contacted on 01273 249200, or enquiries@deanwilson.co.uk