Our client was a dinner lady in her local school, as she was walking down the corridor to the dining room she tripped on a table leg protruding out from a stack of tables that were against the corridor wall and she fell to the floor. As a result of the fall our client suffered personal injury.
Our client’s injuries:
Soft Tissue Injury to the left knee and anxiety.
What did Hayward Baker do to help?
Susan Burden one of our senior claims handlers took on the case on a No Win No Fee basis.
Susan stated the claim to the schools insurers via the online personal injury insures portal and the reason the school was held responsible for the accident is as follows:
‘We believe you have been negligent and in breach of the duties you owed the Claimant as her employer and as a lawful visitor to premises under your control. In particular, one of your employees, servants or agents failed to stack the tables properly and left a table leg protruding into the walkway whereby it caused a hazard and/or a danger. Further, you failed to carry out any or any adequate risk assessments whereby the risk of injury arising from locating stacked tables in that position might have been avoided altogether or the risk of injury reduced. You also failed to keep all walkways in the Claimant’s workplace free from hazards and obstructions that might cause a person to trip and fall. Further, you failed to adequately train staff upon a correct and safe procedure for stacking tables, or if you did so train staff, you failed to ensure this training was acted upon. Thereafter, you failed to have in place any means of inspecting and/or reporting whereby the danger of the protruding table leg in the walkway might have been identified and removed before the Claimant’s accident. Further, you failed to put in place any alternative means of stacking and/or storing the tables. As a result, you exposed the Claimant to a foreseeable risk of injury.’
The defendant insurers now had 30 days to respond to the claim and during this period the insurers confirmed that liability was admitted.
This mean’t that we now had to obtain medical evidence to prove that our client’s injuries were caused by the accident. We obtained a copy of all our client’s medical records and upon receipt sent them to a medical expert we had instructed to examine our client and afterwards they would formulate a report upon her injuries. It was this report that would be used to prove our client’s injuries and value the claim for compensation.
Our client saw the medical expert (an Orthopaedic Surgeon) on two occasions which mean’t that we had the original report and an updated report following further treatment which was recommended by the Consultant in his first report. Another report was obtained from a Psychologist for anxiety issues caused by the accident.
It was noted in the reports that our client had not been able to work for a period while she was recovering from her injuries, so we drafted a schedule of out of pocket expenses to show the amount our client had lost in wages.
Once the medical report and schedule of loss was signed and approved by our client we made an offer to settle our client’s claim with the defendant insurers.
Susan settled our client’s claim for £10,590.00 to include her loss of earnings.