Express Solicitors have managed to recover £6,000 compensation for a man who was hit by a parasol whilst walking past a restaurant in Birmingham in August 2013. It struck him in the middle of his back, causing him to suffer soft tissue injuries to his neck and back.
The Defendant in the case initially denied liability. They stated that each morning, the manager of the restaurant put the parasol up and tightened it securely into its base. They said that on the day of the accident, a freak gust of wind blew the parasol out of its base. Given that they had securely placed the parasol in the base, their position that they had not been negligent in their actions.
Express Solicitors were firstly able to show that the restaurant’s idea of the parasol being placed securely into its base was less than adequate. As can be shown the in the photograph to the left, to secure the parasol in place, the Defendant simply jammed piece of wood and a door stop in between the base and the parasol, causing it to be a significant hazard to members of the public both using the restaurant and those simply walking past.
Secondly, Express Solicitors obtain records from the Met Office showing that for the one hour period around the time of the accident, the highest gust of wind recorded in Birmingham was 20 knots. This was hardly a gust of wind that was capable of blowing a parasol over if it had been securely placed into its base as contended by the Defendant.
After the Defendant was sent this evidence, they made an offer to settle the case just three weeks before the scheduled trial, which was accepted by the client. By putting forward this strong evidence of negligence, Express Solicitors were able to secure significant compensation for the client’s injuries.