Thirteen year old Janine was playing in a car park in a housing development that was supposed to be protected by an electric entrance gate. However, the gate had come off its runners and was leaning against the wall. Whilst playing, Janine climbed on to a low ledge and placed her hands on top of the gate causing it to topple and fall. Unfortunately, the gate landed on top of Janine, pinning her to the ground.
Janine obtained serious injuries
As a result of the accident she suffered a fractured pelvis, fractured lower leg (both tibia & fibula) and a fractured foot. Thankfully, although serious, Janine made a quick recovery and returned to school without too much disruption.
Janine’s parents contacted us
Due to Janine’s age she is considered a minor and therefore her parents pursued a claim on her behalf with our assistance. We served a letter of claim on the management company responsible for the housing development however they immediately denied liability for the child’s injuries. They insisted that they had inspected the gate four weeks prior to the accident and it was in perfect working order. The company refused to budge on this position and would not negotiate with us leaving us no choice but to proceed to court. We were provided with evidence in the form of a statement from a witness that lived in the development who said that the gate had been broken for over a month prior to Janine’s accident. At trial, the judge found in favour of young Janine and awarded her £30,000 in compensation.
The rules are different for a minor’s compensation
If successful in the pursuit of their claim, they are awarded the compensation on their eighteenth birthday. If a minor that is dependent on you is injured, you have three years from their eighteenth birthday to claim. For more information on how we can help you too, contact us for a free no obligation discussion.
