Miss Hodgens mother of 3 has been awarded £4178.42 in compensation following an accident in September 2013 when she was collecting her daughter from school.
Miss Hodgens slipped on wet leaves which had been left on a set of external stairs by the caretaker who earlier in the day had been trimming an ivy plant which was attracting wasps. Our client was attended to by a number of staff members and an ambulance was called. She was subsequently taken to hospital where she was diagnosed with a fracture to her left ankle.
The Local Authority who dealt with the claim on behalf of the school denied that they were to blame for the accident on the basis that they disputed that there were any leaves present upon the steps despite photographic evidence of the same. It was also alleged that there was a reasonable system if inspection in place for the steps. Subsequently court proceedings were issued.
Despite several attempts to negotiate and settle the matter prior to a final trial, the Local Authority maintained their position.
Miss Hodgens was successful at trial and the judge held that the leaves could have been put in the bin, they represented a hazard and the cause of the leaves falling was not a natural event due to the time of the year but was as a direct result of the actions of the caretaker and steps were not taken to ensure the premises were safe for persons using them.
Miss Hodgens beat all her previous offers to settle at trial and was awarded compensation for her injuries, medication and travel costs and an amount for the care and assistance provided by her partner after the accident with the domestic chores, personal hygiene and childcare.