Our client was exiting her property, which she shared with her husband. Our client had advised that ice had formed due to dripping from a gutter leak on the main roof. As she put her right foot on the second step from the top, she slipped, landing on her back, causing her injury. Our client had advised that she reported the leak to Midlothian Council Repairs Team on at least four occaisons, However, the leak had still not been fixed.
How we helped our client
We intimated the claim to Midlothian Council holding them liable under the Occupiers Liability (Scotland) Act 1960.
The insurers for the council responded to advise that they would not deal with our client's claim. They argued that they had no record of any complaints or reports regarding the gutter in question prior to our client's accident. They advised that once they were made aware, investigations were made, and repairs were carried out.
We responded to the insurers that this indeed was not the case, and our client had reported the incident and provided the Council with the relevant reference numbers.
Despite further correspondence with the insurers, they continued to deny liability on behalf of the Council. We therefore had to raise court proceedings on behalf of our client.
We recovered a copy of our client's medical records and arranged for our client to be examined by a Consultant Orthopaedic Surgeon to prepare a report in relation to her injuries sustained.
Once the medical report had been received and approved, we sent this to the Court along with our statement of valuation. A date was then set for a Proof (a civil trial in Scotland).
Settlement
Prior to the case proceeding to Proof, the solicitors for Midlothian Council came forward with an offer of settlement which our client happily accepted.
