Mrs U was enjoying a show at a well-known music venue in London when she fell on poorly lit steps and suffered a severe ankle fracture, which required surgery. After an intense course of physiotherapy, Mr U was almost fully recovered by around 7-8 months, with remaining symptoms limited to mild aching and discomfort on weight-bearing.
The Defendant refused to accept liability for the accident, and they provided disclosure of supposedly all relevant documents. However, we considered there to be documents missing and, following further probing by us, the Defendant disclosed further documents which shown there had been two other similar incidents on the same steps. This added considerable weight to our allegation that the steps in question were inherently dangerous and presented a foreseeable risk of injury to attendees at the concert.
We were undeterred by the denial of liability, and we proceeded to instruct a leading foot and ankle surgeon for a medical report addressing Mrs U’s injuries. The Defendant’s maintained their denial of liability and so we commenced legal proceedings. Shortly afterwards, the Defendant shown a willingness to negotiate, and we were able to agree a settlement figure of £23,500.
Mrs U was delighted with this outcome and was keen to express her gratitude:
“…thank you for your perseverance. It has seemed long and thankless, at times.”
Solicitor, Andrew Thompson, commented:
“This case highlights the importance of ensuring the Defendant discloses all relevant documents in compliance with their legal duty. In the absence of similar incidents involving the same steps, this case would have been extremely difficult to prove, and we may have decided not to litigate. The further disclosure we elicited from the Defendant made a huge difference to our assessment of claim prospects and ultimately guided our decision to commence legal proceedings. I was delighted to secure an award of £23,500, which exceeded the clients’ expectations after a long battle.”