The story
We acted for a client who sustained an injury to his shoulder caused by lifting a broken gate whilst making a delivery. His injury required surgery and left him unable to work while he recovered.
The detail
Our client who sustained an injury while working, when he made a delivery to the defendant’s premises. The gates to enter and exit the defendant’s premises were broken and had to be lifted in order to move them on their hinges. As our client lifted the gate to close it, he injured his shoulder. The defendant denied that the gates were faulty.
The impact
Because of the injury and subsequent surgery, our client was unable to work and was not paid.
How we helped
We obtained medical evidence to detail the extent of our client’s injuries and the impact that they would have on him in the future. A claim was included for the cost of the client’s surgery for his injured shoulder and the loss of earnings during his time off work to recover from that surgery.
Witness evidence was exchanged with the defendant and it was clear that the defendant did not have a safe system of inspection in place at their premises. Despite this the defendant was not willing to consider settlement of our client’s claim.
We were committed to fighting our client’s corner, even though the defendant continued to deny liability for the accident and continued to claim that they had properly maintained the gate and that it was not defective.
Given the defendant’s failure to engage with any settlement discussions, the matter was litigated and eventually listed for trial.
At trial the judge found our client’s witness evidence to be convincing and that the defendant’s evidence showed that there was no sufficient system of inspection in place and that they had failed to repair the defective gate. As a result, our client’s claim succeeded, and he was awarded enhanced damages at trial.
After the trial, personal injury specialist, Kate Price-Marson, who represented our client, remarked: “We were pleased to be able to conclude the claim successfully and the positive outcome at trial reflects the fact that the defendant’s gate did present a risk and was defective.”
What our client said
Our client praised Kate, saying; “She was very professional, polite, and friendly, and very efficient dealing with all aspects of my case… she was always patient and took the time to explain the legalities, making sure I understood everything about the case. Excellent service.’’
Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024
