Our client worked as a carer attending service user’s houses to provide personal care. One of the service users she attended had a metal wheelchair access ramp installed on their property. The ramp had a handrail, but it became very slippery, especially when wet. One day after it had been raining, as she walked onto the ramp our client slipped and fell onto her left wrist sustaining a fracture.
Blame was denied throughout. It transpired that there had been several accidents on the ramp. The Defendant had carried out an ‘investigation’ but had just sent someone from the Council to look at the ramp and deem it fit for purpose. The Defendant based their whole denial on this assessment.
They also said that our client was using the ramp incorrectly and to avoid falling she should have approached the ramp head on and held on to both handrails (for dear life!).
Court proceedings were issued and once witness statements were exchanged it transpired that a lot of people thought the ramp was slippery. The Defendant then sought to blame the Council for not assessing the ramp properly. We pointed out that it was too late in the day to decide the assessment was wrong. As our client’s employer they owed her the highest duty of care.
We made an offer in settlement. At first they sought to reduce the offer sating that they had no evidence of our client’s lost earnings. But they were her employer and were the ones who gave us the information in the first place. In the end they had to accept our offer as we were not budging.