Circumstances of the accident
At approximately 5:00 pm on 1 January 2020, our client was walking with her 13-year-old daughter along a public footpath in Dundee, adjacent to a residential construction site.
The footpath was separated from the construction site by heras fencing, which had been erected by the Defenders. As our client walked along the poorly lit footpath, she tripped on a section of this fencing, which was lying across her path. It is believed that the fencing had fallen due to vandalism or weather conditions. Notably, the same fencing had reportedly collapsed onto the footpath on at least five previous occasions, and multiple complaints about the hazard had been made to Dundee City Council before the incident.
Despite these warnings, no adequate steps were taken to secure the fencing or provide lighting in the area. As a result, our client fell to the ground and sustained serious injury.
Injuries and Impact
Our client suffered a left proximal humeral fracture, soft tissue injury to her left leg, and neck pain. The shoulder injury alone affected her for approximately 18 months, and she required physiotherapy and osteopathic treatment.
Psychologically, our client also experienced shock and emotional distress following the incident. She was medically signed off from work due to her injuries. During her recovery, she required significant support from family members.
In addition, she incurred financial losses due to hiring a dog walker and gardener, and from taxi fares and other necessary expenditures. She was also unable to participate in sporting activities.
Settlement
We obtained expert medical reports in support of our client’s physical and psychological injuries. Liability was disputed, and the Defenders failed to make a reasonable offer during pre-litigation discussions. A Court action was raised, and the case was resolved shortly thereafter for a five-figure sum, reflecting both the severity of the injury and the wider impact on our client’s work, well-being, and quality of life.
