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Won £40,000 Settlement For Client Injured After Tripping On Defective Kerb
Summary of the Claim
Our client, an elderly gentleman, suffered a serious injury after tripping on a defective kerb stone on a public pavement. The fall caused him to land heavily on his hands and knees, resulting in a significant shoulder injury.
Unfortunately, the injury left him with permanent symptoms, which ultimately forced him to retire earlier than planned. Despite the difficulties that can arise when bringing claims against highway authorities, JF Law successfully pursued the case and won the claim at trial, securing £41,000 in compensation for the client.
Background To The Case
The accident occurred when our client encountered a dangerously defective kerb stone. The defect caused him to trip and fall forward onto the pavement. Following the fall, he experienced ongoing problems with his shoulder. Medical evidence later confirmed that the injury would lead to permanent symptoms, significantly affecting his ability to continue working.
As a result, the injury forced the client to retire earlier than he had originally planned.
How We Investigated The Claim
Highway defect claims can be complex, particularly where local authorities dispute responsibility. To build a strong case, we carried out detailed investigations, including:
- Obtaining a witness statement from a local business owner who was familiar with the defective kerb.
- Comparing the defect with other kerbstones in the area that had already been repaired.
- Demonstrating that the same highways inspector had repaired similar defects nearby, highlighting inconsistencies in maintenance.
This evidence helped establish that the kerb presented a dangerous hazard that should have been repaired.
The Result We Secured
The case proceeded to trial, where the court ultimately ruled in favour of our client. The outcome included:
- £40,000 in compensation
- The claimant beat the defendant’s Part 36 offer
- A 10% uplift in damages was awarded
This ensured the client received compensation reflecting the serious and long-term impact of the injury.
Our Analysis Of The Case
Although liability was contested, the evidence clearly demonstrated that the kerb defect posed a significant risk to pedestrians. The combination of witness testimony, comparative repair evidence and careful legal preparation allowed us to demonstrate that the highway authority had failed in its duty to maintain the pavement safely.
Winning the case at trial ensured the client received the compensation he deserved after suffering a life-changing injury.