Alanna was out in Carrickfergus with a close friend visiting various shops and eateries. Upon exiting one business premises her foot caught in a fold of a mat which caused her to trip and fall. She fell with such force that she fractured her elbow and injured other parts of the same arm.
Thankfully, Alanna’s fast-thinking friend took photographs of the scene of the accident immediately after establishing that she was no longer in immediate danger. Perhaps they had read our blog post on the importance of collecting evidence. Learn more on that here.
Alanna contacted us through our Carrickfergus office
Seymour Major of Paschal O’Hare Solicitors took on Alanna’s case and sent her for examination by a consultant fracture specialist before contacting the defendant business on her behalf. The business immediately denied liability stating that they regularly inspect the rubber underlying grip of their mats and replace them often, meaning the mat could not be folded to begin with. In response to this, Seymour provided the defendant with the supporting evidence obtained at the scene of the accident. Unbelievably, to back-up their claims, the business sent us an image taken months later of a mat that looked strikingly similar to the one Alanna tripped on, it even had a fold in the same place. Unsurprisingly, Seymour rejected this and pressed on.
The defendant continued to deny full liability
The defendant softened their denial, however would still not admit full liability. They then claimed that Alanna was half to blame for her own fall on the basis that she should have been looking where she was walking. This is known as contributory negligence. Seymour politely explained that should his client have done as they suggested, she would be walking with her head down looking directly at her feet. In doing so, she would likely have walked into objects, the door or other customers, perhaps causing greater injury to herself or others. He reminded the defendant that a mat is a small object with a fold not visible from a distance.
The defendant reluctantly accepted full liability
We served our consultant’s medical report on the defendant and determined the value of the claim. Seymour then settled Alanna’s case for £33,500 plus the recovery of sick pay to be repaid to our client’s employer.
If you were injured following a trip like Alanna, learn more about our services or contact us for a free no obligation discussion on how we can help you too.
