Master R was a 10-year-old schoolboy from Leeds, West Yorkshire. He was attending Cobden Primary School in Leeds when he had an accident at school.
Grieves Solicitors were instructed by his mother to claim compensation for him in connection with this Occupiers Liability Act 1957 accident claim.
What happened on the day of the accident?
The circumstances of the accident were that Master R was on his lunch break. He was playing near the perimeter fence when he slipped and fell down towards the fence. As he did so, he came into contact with a screw protruding through from the adjoining allotment which was securing a shed to a wooden fence causing a deep cut to his lower left leg.
How did Grieves Solicitors obtain compensation for Master R?
Grieves Solicitors wrote letters of claim notifying both the Council advising them that our client should have been supervised properly by the school staff and also to the owner of the allotment about the accident.
Grieves Solicitors alleged that the Council were legally responsible for Master R’s accident and injuries due to their
Failure to discharge the common duty of care contrary to sections 1(1) of the said 1957 Act.
Breach of Regulation 17 of the Education (School Premises) Regulations 1999
Grieves Solicitors alleged that the owner of the allotment was legally responsible for Master R’s accident and injuries due to:
- Creating a hazard in the form of a protruding sharp screw in a place to which the public had access
- Failing to make the hazard safe and to avoid the public coming in contact with the hazard
- Failing to discharge the common duty of care contrary to sections 2 of the said 1957Act.
What injuries did Master R receive in the school accident?
After the injury Master R had to attend the nurse at his GP Practice for his dressings to be changed for a week. After that, the wound was glued and Steri strips were applied to aid heal his wound until the scab which had formed dropped off. After 3 weeks his skin had healed. Unfortunately, the client was left with a scar which although it has faded with the passage of time does remain readily visible.
Master R suffered minor abrasions to his right elbow from which he recovered over a few days which did not result in any residual scarring.
After the accident Master R did not require assistance with activities of daily living and was able to do his normal household chores. He was off school for a period of one week. However, when he returned to school, he was off sports for a further two weeks.
He was off his hobby of running for three weeks but did not have any major psychological effects from the accident.
Why did he choose Grieves Solicitors to help him make his claim?
Master R’s mother had seen us on the internet and telephoned our offices to instruct us in relation to her Son’s claim.
Were there any unique challenges with this case?
This case went to Trial and Grieves Solicitors proceeded against the Council and the owner of the Allotment. However, whilst at Trial, the owner of the allotment made an admission of Guilt and the Judge, therefore, found that any compensation paid would be from him and not the Council.
However, unfortunately, the owner of the allotment was not insured and as a result, there were no insurers to pay the compensation owed to our client.
Grieves Solicitors had to apply for a Charging Order against the owner of the Allotment’s property to secure that Master R’s rightful compensation could be paid out to him.
Once the Final Charging Order was secured thereafter, Grieves Solicitors applied for an Order for Sale.
Grieves Solicitors’ persistence paid off and finally, the owner of the Allotment was able to come up with the money owed to Master R in respect of his compensation and the legal costs incurred throughout this lengthy process.
How did Master R benefit from the claim?
His mother chose Grieves Solicitors Personal Injury claim specialists Huddersfield, to assist him in obtaining the compensation he rightfully was owed for both her personal injury (pain, suffering and loss of amenity) and the cost of his mother’s loss of earnings as a result of looking after him as a result of this accident.
Master R’s mother said, “Thank you Rogan and all at Grieves Solicitors for your help in dealing with “Master R’s” accident and claim. I appreciated the dedication and professionalism you did on “