Mrs B was a 69-year-old receptionist in a blind company. She was in good health before the accident. She was out on a shopping trip with her husband at the Kingsgate Shopping Centre, Huddersfield, West Yorkshire. The weather conditions were cold and wet. The shopping Centre Car park was inside with open holes for windows with no glass. Mrs B and her husband had parked on the outside of the car park near the ‘open windows’ and as our client walked away from their car she slipped. She said that the surface of the car park was wet and slippery.
What happened in the accident?
She and her husband were regular users of the Kingsgate shopping Centre car park. She had never, before, had any difficulty in using the car park and had suffered no previous slip, fall or concern as to the state of the flooring.
On the day of the accident Mrs B and her husband had just arrived in the car park of the Kingsgate Shopping Centre in Huddersfield. They parked their car in the shopping Centre car park. As they walked along the designated pedestrian walkway in the car park to enter the shopping Centre itself, Mrs B fell landing on her right hip. She suffered a serious injury to her right hip, which was broken and required a hip replacement operation.
The accident had been reported in the accident book
How was Mrs B affected by the injury
Mrs B sustained a fractured right hip requiring two remedial operations including a full hip replacement which has left her with a permanent 16 cm scar which was tender. She was unable to wash and dress herself or bathe by herself for 10 months after the accident and needed help from her husband. In addition, she has suffered a major depressive disorder, anxiety and loss of confidence. She also has lost the enjoyment of her holidays.
What happened on the day of the accident?
Mrs B was taken by ambulance to the Huddersfield Royal Infirmary.
At the hospital X-rays were taken, and she was diagnosed as having suffered a fracture of the neck of her right femur. Mrs B was admitted under the care of the surgeons and underwent a fixation of the fracture with screws the following day.
Mrs B continued to experience pain and extreme difficulty in moving about. She remained in hospital and then following further x-rays it was decided that she needed to undergo a hip replacement.
Mrs B was initially discharged, non -weight bearing using a walking aid, with the intention being for arrangements for her to be re admitted for surgery to have a total hip replacement.
She was later re-admitted to hospital and sent home after the operation using two walking sticks to assist with mobility.
Mrs B had very severe pain initially, and sleep disturbance, and has been left with permanent aching and discomfort and restrictions on her mobility. She also suffered from back pain for about 18 months caused by this accident.
How was Mrs B affected by these injuries?
Mrs B’s leisure activities were affected and she could not work for 7 months. Her hobbies were permanently adversely affected. She was unable to dance for a year after the accident, something which she greatly enjoyed previously. Although she was able to return to dancing she was unable to do so as much as before. She was unable to run or play with her grandchildren as she did before her accident which was distressing to her. Her walking distance was limited until about a year after the accident.
In addition, she has suffered and continues to suffer from a major depressive disorder, anxiety and loss of confidence. She has lost enjoyment of her holidays.
Why did she choose Grieves Solicitors to help her make the claim?
Mrs B said she selected Grieves Solicitors to pursue his claim as are we are experts in personal injury claims for slip and trip accidents in public places across Yorkshire, England and Wales and she had been recommended to us.
How did Grieves Solicitors approach the claim?
The case was particularly difficult as our client’s opponents refused to accept full responsibility for the accident. We solved the case by obtaining engineering evidence which showed that the state of the car park floor had caused Mrs B injury.
How was the Claim resolved?
As our client’s opponents refused to accept full legal responsibility for this accident which caused additional distress to our client and lengthened the time it took to obtain compensation for her.
We had to prove not only that the defective floor caused her to fall and that our opponents had been negligent in causing her to slip on that floor but that this defective floor caused her injuries.
This meant that not only did we have to prepare the case to persuade a court that our client’s opponents were at fault but also to provide the evidence to persuade a court to award her compensation for her accident related injuries. This meant obtaining expert engineering evidence as to the state of the car park floor and why it was slippery at the time of the accident. This was painstaking work and required real diligence on the part of the Solicitor, Rogan Ashton, who was dealing with her claim.
As Mrs B’s opponents refused to admit legal responsibility for her accident, this case was listed for Trial at Huddersfield County Court. Grieves Solicitors did not give up but continued to fight for Mrs B’s right to compensation. Finally the Judge agreed with us and found in favour of Mrs B and she was subsequently awarded compensation.
Challenging aspects of the claim
The first and most challenging aspect of the claim was proving that the fall was caused by the defective flooring which required painstaking work and engineering evidence.
The second challenge was Causation i.e. whether the slip in the car park of the shopping centre had caused Mrs B’s injuries or whether they were age related.
Mrs B won on both aspects.
How did Mrs B benefit from the claim
Mrs B received the compensation she deserved for his accident-related injuries.
If you have been injured in a slip and trip accident which was not your fault, please get in touch with Grieves Solicitors, One of Yorkshire’s leading Serious & Personal Injury Claim firms.
Her comments on the case were : “Your service was excellent”
If you have been injured in a slipping or tripping accident at work or in a public place such as a public house, club, restaurant or supermarket, speak to one of our experienced personal injury solicitors on 0800 0747 7644 or make a FREE online enquiry.