Daniella was involved in a trip accident while visiting a shopping centre in Belfast. As she was turning to leave the shopping centre, she suddenly caught her foot on the protruding base of a set of weighing scales which were situated immediately by the doorframe. She fell heavily to the ground and sustained a fracture to the wrist and a soft tissue injury to her knee.
Danielle reached out to our shop centre accident solicitors
Danielle reached out to Paschal O’Hare and was offered a free consultation. Further to this, a file was set up. A letter of claim was sent directly to the shopping centre, who passed this onto their insurer. While the insurer investigated liability, we proceeded to gather Danielle’s medical evidence.
We obtained Danielle’s hospital records and arranged for her to see a Consultant Orthopaedic Surgeon. The Consultant’s view was that Danielle’s knee injury should resolve within 12 months of the accident date. In terms of the wrist fracture, he determined that the majority of Danielle’s symptoms should resolve within 12 months, with a likelihood of some degree of pain on an ongoing basis. He remarked on Danielle’s loss of amenity, specifically on her inability to return to baking which was a much-loved hobby.
At the conclusion of our medical evidence, we were informed of the Defendant’s denial of liability. The basis of their argument was that the machine had caused no prior accidents, and was large and easily visible to passers-by. A copy of CCTV footage of the incident was provided. We reverted with our counter-arguments, citing relevant elements such as the colour, structure and location of the machine in proximity to the door of the exit. It quickly became apparent that the matter was not resolvable pre-proceedings and subsequently, High Court proceedings were issued. We instructed Junior Counsel who prepared Danielle’s Statement of Claim and addressed the Defendant’s queries.
We instructed a Consulting Engineer and Accident Investigator who attended the accident locus and prepared a report on the intricacies of the incident. His report was supportive of Danielle’s claim and made reference to the colour, measurements and visibility of the machine.
Our Counsel engaged in discussions with the Defendant’s Counsel and an offer of £15,000 was made. We discussed this with Danielle and advised them that this was significantly low. Danielle took our advice and rejected the initial offer. The case was set down for trial in the High Court and discussions continued while a trial date was awaited. Finally, a figure of £35,000 was agreed in full settlement of Danielle’s claim. We were pleased to recommend this figure to Danielle and she was delighted to accept this.
If you were injured in an accident in a shop anywhere in Northern Ireland, speak with our solicitors. We have been assisting people for over 50 years and we’re confident we’ll be able to help you too! Learn how we can help or contact us today.
