My client was injured when she tripped in a shop over a box that had been put out to collect water dripping from a roof leak. My client had been browsing the goods on show as she walked down the shopping aisle. She did not notice the box that had been put out as it was clear/translucent and so did not catch her attention. She caught her foot on it and tripped and fell heavily on to the ground which was by then wet with the water that had spilled from the container.
No warning sign had been put up and the area had not been cordoned off, both very simple measures that would have prevented this accident from occurring.
The shop’s insurer admitted liability and the initial medical report from that we obtained from a consultant orthopaedic surgeon on my client’s fractured upper arm recommended further x-rays and a second report. Following a review of the x-ray, the expert recommended surgery.
Funding was obtained from the defendant to cover the cost of private surgery. However, at the pre-operative consultation, a detailed assessment and discussion took place and the medical advice was that the potential benefits of the surgery to my client did not outweigh the risks, which were heightened because of her elderly age. My client was more than happy to accept that advice and, by that time, had made a significant but not complete recovery.
Whilst she would be left with permanent ongoing restriction in the shoulder, she was no longer suffering with pain and was now largely able to perform most of the everyday activities that she could prior to the accident.
The compensation recovered therefore had to reflect the suffering caused to my client but also the ongoing permanent symptoms that she would suffer. Damages were also recovered to reflect the additional care and assistance that her husband had provided as a result of this accident.