Our client was lighting her coal fire in her living room for the first time since her new heating system had been installed. Later that evening, the fire had died down, with just a layer of red ash remaining in the grate. Suddenly, there was a “big bang” and our client felt a blow to her head.
Following an investigation by the Police and the Health & Safety Executive, it was found that the back boiler behind the fireplace had exploded. It is a known risk in the industry of a potential danger where there is a redundant solid flue back boiler left in a fireplace. The installation was therefore negligent and caused the accident and our client’s injuries.
Our client sustained multiple injuries as a result of the explosion, which was of such force, that it destroyed much of her home, in particular the living room. In the living room the windows were blown out of their frames. She sustained a laceration to her face, along with extensive bruising, cuts and grazes. A piece of hot metal was imbedded and burned into her cheek. This had to be removed by an A&E Consultant.
Following the explosion, our client was taken to hospital by ambulance where she remained for two weeks. Our client was unable to return to her property due to the extent of the damage.
How we helped our client
We intimated our client’s claim upon the company who carried out the installation of our client’s heating system. This matter was then passed to her insurers who confirmed that they would carry out investigations into the incident. Whilst they commenced their investigations, we requested copies of our client’s full medical records.
After investigations had been carried out, the Defender’s insurers responded to advise that they were willing to deal with our client’s claim.
We then proceeded to instruct a Consultant Plastic Surgeon to prepare a medical report detailing our client’s injuries and commenting upon her recovery and her future prognosis.
The medical report detailed that our client had suffered from:-
- extensive scarring and tattooing to the cheek and eyelids
- a sensory nerve injury affecting the left cheek
- left supraorbital sensory nerve dysfunction
- minor scarring to the abdomen and right elbow
The report was sent to our client and was approved. We then sent this to the third party insurers along with photographs of her scarring and our valuation of the claim, inviting them to make an offer of settlement.
Settlement
An initial offer was made. However, we felt that this was not adequate and therefore, along with the client’s approval returned to the third party insurers with a counter proposal.
The third party insurers agreed to a counter proposal, and the claim was settled in the sum of £63,000.
