Circumstances of accident
We acted on behalf of a client who sustained a soft tissue injury to her right shoulder and a greater tuberosity fracture of her right humerus which resulted from a slip on black ice at the entrance way to her employer’s premises.
Our client was entering her work premises when she slipped on black ice. We intimated the claim on her employer on two bases: (1) that as her employer, they had a duty to provide her with a safe workplace; and (2) that as occupier, they had a duty to ensure that everyone entering the premises would not suffer injury due to the state of those premises.
The employer denied liability. They said that they did not need to grit the area as the forecast for the night before was above zero degrees. We raised a Court action against the employer due to their denial of liability.
How we helped our client
As a result of the accident our client suffered from a soft tissue injury and fracture to her right shoulder. The symptoms resulting from the accident resolved after six months. She also required assistance with day to day activities such as self-care from family members, following the accident.
In terms of liability, we obtained a weather report which showed that temperatures in the area had been below zero for several days prior to the accident. We also obtained a report from a health and safety expert which supported our position that the area ought to have been gritted the night before the accident and that, had the area been inspected, the icy conditions would have been identified and treated.
We obtained an expert medical report which dealt with the injuries sustained. These detailed the diagnosis, recommended treatment and anticipated prognosis for each of the injuries.
Settlement
We were able to obtain a settlement of £3,000 for all our client’s heads of claim. This was an excellent outcome for a six-month injury and resulted from a robustly prepared case in relation to liability which we put forward.
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