Rebecca, a wheelchair and rollator frame user, was a tenant in a social housing property where she had lived for 5 years. To the rear of the property there was a large drop of about 10 inches from the edge of the path to the grass area on the way to her back gate. In response to this, the housing association that managed the property put a concrete slope in place. Rebecca asked for a handrail however it was maintained that this was not possible due to the presence of a manhole cover. The association then advised that the house was unsuitable for her and they placed a request for a transfer.
A period of 6 months passed
During a period of snow Rebecca was moving along the path to put rubbish in the bins. Upon placing her foot on the slope, she slipped and fell on to her hand which she instinctively outstretched. The fall broke Rebecca’s wrist.
In the past, we represented Rebecca in a separate matter and she was pleased with the outcome. Shortly after her fall she approached Patrick O’Hare who managed her previous case and instructed us to pursue a new claim. We sent a letter of claim to the association however their insurers, after investigating the matter, denied any liability for the accident. In response to this we issued High Court proceedings after having our client examined by a medical expert who provided us with a report detailing her injuries. At all stages of the court proceedings the insurance provider gave no indication that they would negotiate a settlement of this case.
Following new evidence the defendant agreed to settle on the day of the court hearing
We hired an engineer to assess the ramp that had been installed at the property. The report obtained as a result of this indicated that a handrail would have assisted a disabled person moving along the steepest part of the slope. Armed with this new evidence on the day of the court hearing, the insurance company approached us wishing to negotiate. We settled the case in the sum of £10,000.
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