HM Insights

Client fall in public place – We prove negligence and prove complex loss of opportunity claim

Our specialist Personal Injury team have successfully proved negligence against the owners of a building and showed that they failed in their duty of care. We proved that the accident caused

Fall Public Liabilty Compensation

How did the accident happen? 

 a substantial loss to our client in terms of work opportunity.

Our client fell on faulty steps outside a shop. The steps had a missing slab and the occupiers of the shop had reported the faulty steps to the owner of the building who failed to fix the steps. 

Our client fractured a bone in his left heel and was unable to work for 5 weeks following the accident. He suffered significant problems with walking and mobility and was unable to run or play football. 

How did our Personal Injury solicitors help?

Our team were able to help the client with his rehabilitation and arranged physiotherapy for him via our recommended physiotherapy supplier. We were able to recover the costs of the physiotherapy from the insurers of the building as part of the settlement of the client's claim. 

Not only did we recover a significant amount for our client in terms of damages for his Personal Injury, we were able to prove loss of earnings and loss of opportunity.

Our client wished to join the RAF Reserves and was unable to do this so lost this opportunity. We proved that our client's application to join the RAF Reserves was refused due to the injury he suffered. The client could have remained with the RAF Reserves for approximately 9 years and would have undertaken 27 days per year and would have received a daily rate for this in addition to an annual bonus.

Due to our specialist knowledge in relation to loss of opportunity claims we were able to successfully pursue this head of claim as part of our client's settlement and we secured a 5 figure sum for loss of opportunity for our client.

What is the legal case? 

In terms of Section 2 of the Occupiers' Liability (Scotland) Act we were able to prove that the owners of the building failed in their statutory duty to our client.  This statute sets out that reasonable care must be taken to ensure that a person will not suffer injury or damage by reason of any danger in the premises. Furthermore, we were able to prove that the owners of the building had breached their duty of care in common law.

No action was taken by the owners to fix the steps despite the fault being reported to them prior to our client's accident. By applying the legal principles outlined which were based on a statutory breach and a common law breach we were able to successfully prove our client's case.

Our client was delighted with the result we achieved for him. He said: "Thank you for all your work. You have been fantastic"

Contact our personal injury solicitors

If you've suffered a similar injury our solicitors can help you secure the justice and compensation you deserve. Get in touch now for a free chat about your claim. Call us free on 0800 904 7777 or find out more information about the personal injury service we provide.