In a challenging case, a schoolboy was awarded compensation after his friend drove a vehicle left unattended by a delivery company causing him injury
Ryan, then aged eight, was walking home from school with his brother and a school friend when they came upon an unattended forklift truck parked in a public street outside a closed construction site. The truck had the ignition keys left in it. Ryan’s school friend played with the truck and accidentally started it up, then drove it.
He couldn’t control it and Ryan was pinned between the truck and an adjacent wall and suffered multiple injuries.
How we helped Ryan
This was a very difficult and complicated case as it was not clear at the outset, nor for some considerable time, who was responsible for leaving the truck parked with the keys in it on a public street. We carried out a number of investigations, requested a police report and made further enquiries.
We intimated the claim upon the company who delivered the truck, putting forward the argument that we held them responsible, as they should have waited until the construction site was open to make sure that the truck was properly delivered, rather than just leaving it outside unattended. We also held the school friend at fault because he should not have driven the truck when he knew that he could not control it.
After lengthy correspondence with insurers and solicitors, we raised Court proceedings against both parties as no one was willing to admit any responsibility for the incident.
After encountering some further challenges, we managed to settle the case by negotiation without the need for a final court hearing.
I was impressed with the way that Lindsays went about dealing with my claim. On my behalf, my mother had instructed another solicitor before Lindsays and the previous solicitor had not really got anywhere with the claim. I was happy with the thoroughness of the enquiries and that Lindsays were able to identify the correct people to sue from a difficult and jumbled set of circumstances. I was happy with the compensation that I was awarded