On a dark evening, my client tripped whilst walking through a car park that she had just parked her vehicle in. It transpired that this part of the car park was in poor condition – the surface had cracked significantly, causing a large pothole to form.
My client tripped on that pothole and was badly injured. She managed to get to a nearby office to report the accident and was told that this tripping hazard had been repeatedly reported to the proprietor of the car park. The tripping hazard had therefore been in place for some time, the proprietor had had knowledge of the hazard and yet no action had been taken to repair it. Strangely enough, the pothole was filled in within a few weeks of a claim being presented.
Medical evidence was obtained on the claimant’s orthopaedic injuries and the proprietor’s insurance company agreed to pay damages to the claimant to reflect her pain and suffering as well as her financial losses, which included treatment costs.
