Clear Law help a pedestrian receive £300 for an ankle injury claim
Miss Louise Elliott’s claim for an ankle injury she sustained after tripping over an unprotected excavation has finally settled after a difficult and lengthy legal battle against multiple Defendants.
Ms Elliott was injured when she tripped over an unprotected excavated paving slab as she headed home after a walk around the local reservoir with her boyfriend.
There was little doubt that an unprotected excavation constituted a danger to pedestrians and the only real issue in the case was who was responsible in law for the danger
Clear Law were instructed soon after it happened in November 2007. A claim was brought in the first instance against Leeds City Council, the Highway’s Agency in Bingley.
The Council denied liability and over the next 3 years proceeded to point the finger at no less than 5 other potential Defendants who were involved in carrying out works in the area. Each new party pointed the finger at another or sometimes to a sub-contractor with the result that there were numerous parties implicated and the job of working out who to sue was a difficult one.
Having established that the excavation most likely related to the installation of a new pedestrian crossing commissioned by the Highways Agency Clear Law were confident of victory against Leeds City Council who in commissioning the street works were vicariously liable for the negligence of the contractors as per the age old case of Penny v Wimbledon Urban District Council [1899] 2 QB 72).
The Council were finally persuaded and settled the case this April for £300 more than valuation.
Miss Elliott was delighted to see the matter finally resolved.
To get in touch with the lower body injury claims experts here at Clear Law, call us for free on 0808 149 9550 or complete our online contact form.
