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Pothole victim claims over £20,000

CLient stories

When our client, a 63 year old woman, caught her foot in a pothole she threw her arm out to soften the fall. The resulting impact fractured her shoulder and greatly impaired her movement permanently.

Our lawyer, Sarah Mawdsley and her team, were determined to do right by our client and make sure she received just and fair compensation for her incident, pain, and adjusted lifestyle moving forward. They were proud to secure a significant sum of over £20,000.

Potholes cause yet another serious accident

Our client was taking a walk along a concrete path which was maintained by the Defendant in August 2014 when her foot got caught in a pothole.

When falling to the ground, she extended her arms out instinctively to lessen the incoming impact and severely injured her arm and shoulder.

After seeking medical treatment, it was shown that had fractured her right shoulder, the effects of which would never completely heal.

After the accident, our client underwent physiotherapy for a frozen right shoulder and made regular visits to the fracture clinic; the fracture was treated with a sling for 12 weeks. She suffered residual pain and stiffness of the right shoulder and after 6 months from the commencement of treatment she achieved an 80% recovery leaving her with a long-term disability of 20% rotation of the right shoulder. She was advised that the shoulder would never fully heal and not to expect full mobility in it again.

Seeking appropriate damages for a permanent injury

Sarah Mawdsley and our legal team brought the case against the Defendant alleging that it was negligent and in breach of its statutory duty under the Occupiers Liability Act 1957 s.2. This meant failing to take reasonable care to ensure the premises were reasonably safe for the purposes of the visitor, as well as failing to provide warnings where danger might cause the visitor harm.

After liability was admitted on behalf of the Defendant, Sarah sought to get the best possible settlement for her client who would never get full mobility back as a result of this negligence.

Large settlement for the severe fracture

Sarah worked tirelessly in the pursuit of a fair settlement on behalf of one individual against a large company. Her hard work eventually culminated in an out-of-court settlement agreement to the total of over £20,000.

Sarah was happy to see her client walk away with the right level of compensation, but also hoped that the case would force the defendants to better consider pedestrian safety.

“Improperly maintained roads and walkways are a disaster waiting to happen. Time and time again we see walking or traffic incidents leading to serious injury from innocuous looking potholes. Hopefully this serves as a reminder to the Defendant to maintain their pathways and keep public safety in the forefront of their mind.”