Miss Farrell, a working mother, who was 36 years old at the time of the accident, has been awarded £5,500.00, after she sustained laceration to her forehead which resulted in a permanent 4inch scar following an accident when she hit her head on an opened window at the bed and breakfast where she was staying.
On the day of the accident Miss Farrell was walking from the back of the garden down the alleyway looking down at her 18 month old son, when suddenly she hit her head on the bottom of an open window which had been pushed wide open from the inside.
We argued that the window should have been fitted with a window restrictor to prevent it from being opened so wide that it caused an obstruction across the alleyway. The defendants did rectify the defect after the accident to prevent the window being pushed open so wide.
The Defendant disputed liability in full. The Defendant disputed the accident circumstances and alleged that the bottom of the window had not been pushed wide open. The Defendant also said that at all material times the specific window in question was fitted with an integral restrictor and so it was impossible to open the window wide as alleged. The Defendant said that when fully open the bottom edge was 5 inches from the window sill and 6 inches from the wall, and argued that the window was plain to see.
Further the defendants alleged that it did not represent a hazard and it was not foreseeable that a person walking along the alleyway would walk into an open window, amongst other things because there was a down pipe directly before the window so an individual would need to move away from the downpipe in any event.
Miss Farrell did not accept the defendant’s position and provided dated photographs that discredited the Defendants argument and proved the window could be opened as wide as we have alleged.
Proceedings were issued and the claim proceeded forwards through the litigation process. The defendants maintained their argument right up to the last minute where they made an offer for £5,000.00. The claim eventually settled on a 50% liability basis for £5,500.00 the day before Trial in August 2016.