Mrs J was a 68 year old private carer for an individual requiring significant levels of care, having difficulty mobilising and having been diagnosed with progressive dementia. This required assistance with almost all day to day tasks. Mrs J worked with the family and was employed by Social Services. The Local Authority had carried out an equipment assessment and decided it was necessary to place hand rails on the steps to access the property. This however was not done in a timely manner.
The individual requiring care had started walking up the stairs away from the property and lost her balance and fell. Mrs J rushed to catch her and in doing so her left hand was crushed against the wall. Had there been a hand rail present, it is unlikely the individual requiring care would have lost their balance, and it is unlikely Mrs J would have had her hand crushed trying to catch her.
As a result of the accident Mrs J fractured her left distal scaphoid and had activation of dormant thumb base and joint arthritis. She had to undergo a steroid injection and surgery on two occasions. She also had physiotherapy treatment. The risks of her developing arthritis increased, and as a result she was forced to retire from her work because of the symptoms.
Liability for this accident was denied by the Defendant and court proceedings became necessary to progress the claim. Thankfully, prior to the Trial taking place, the claim was settled for £20,000 which included damages for her injury and financial losses she incurred as a result of the accident. Needless to say, Mrs J was extremely grateful and said:
“My difficult and complicated claim was dealt with by Kathryn Bull whose legal experience and determination was able to bring a satisfactory conclusion. Total professional who kept me informed throughout. I would certainly recommend her. I had complete trust from the outset”