The team at What’s My Claim Worth have settled a claim for Mrs S from Dorset who fractured her right ankle when she tripped over whilst taking part in a “crystal maze” type game at a leisure resort in Brighton. Mrs S, aged 56 at the time was attending the venue with her family during a weekend away. The game involved solving various challenges and took place in the dark with the only light coming from decorative neon lighting. Whilst Mrs S was taking part in the activity she missed her footing and tripped as she did not realise there was a step down and given the lack of lighting she could not see the step or the difference in floor level. A claim was brought against the resort owners who proceeded to ignore our correspondence for some time. When they did eventually respond they tried to say the accident did not happen and then after accepting the accident did happen denied they were to blame in any way. We were confident they were liable for breaching Section 2 of the Occupiers liability Act 1957 which provides that they are under a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor (our client) will be reasonably safe in using the premises for the purposes for which they are invited or permitted to be there. We instructed a specialist Orthopaedic Surgeon who examined our client and prepared a Medical Report on our client’s injuries and gave a prognosis for recovery. Given the stance that the Defendants were taking we started to prepare the claim for court proceedings when the Defendants Insurers eventually admitted liability and the claim was settled after negotiations for £8,000.
If you have been injured in a tripping accident in the last 3 years, give us a call to speak with one of our specialist solicitors on 01244 568 535 or email info@whatsmyclaimworth.co.uk.
