Circumstances of claim
Our client suffered an ankle fracture when he slipped on mud and debris alighting from a taxi outside his home in December 2016. Construction work to build a new housing estate had been taking place opposite our client’s house. There was a grassed area next to our client’s house which had been used as parking for construction vehicles. It was alleged the construction vehicles were depositing mud onto the pavements around our client’s home as they travelled to and from the grassed area.
How we helped our client
We intimated the claim on the major housebuilder responsible for the construction of the new housing estate. Liability was firmly disputed, and an action was raised in the All Scotland Personal Injury Court.
The builders disputed that the grassed area fell within the definition of a ‘construction suite’ in terms of the relevant construction regulations. The builders further alleged that the accident location was cleaned by a sweeper in the days prior to our client’s accident.
We were faced with a difficult task of proving our client slipped on mud deposited by the construction vehicles. We obtained statements from over 20 of our client’s neighbours regarding the presence of mud and debris on the pavements during the construction works.
Settlement
The claim settled two days before the court hearing for £10,000.