Young mother wins £17,396 in damages against brewery
After an incident with a pub toilet door partially amputated Miss Weston’s finger in 2014, the brewery which owned the pub fought doggedly to absolve themselves of responsibility.
After a two year legal battle, Express Solicitors’ Jennifer Hutton was able to help Miss Weston secure a deserved £17,396 in damages.
Improperly fitted door partially amputated finger
Miss Weston was having a night out at her local pub when she went to use the facilities. Upon entering the ladies’ toilet, she saw a man in there, whom she asked to leave. As he was leaving, she held the door open for him, not imaging that he would push the door as he left. Unfortunately, due to the door handle being too close to the wall and the doorstop not being a suitable size, the tip of her finger was partially amputated.
A medical expert confirmed that she had sustained an open fracture and partial amputation of the ring finger and an injury to the nail bed.
This was a particularly terrible injury for our client as she had a ten month old baby at home who needed constant care and attention. As a result of her injury, Miss Weston had to rely on others to help her feed and change her daughter. This understandably proved to be extremely upsetting for her.
Seeking proportional damages from the pub’s owners
A letter of claim was sent to the brewery in charge of the pub but they denied any liability for the incident. Express Solicitors’ Jennifer Hutton was there for Miss Weston to help her in her fight for the brewery to accept responsibility and provide adequate recompense for her injuries and distress.
Legal proceedings were commenced on the basis that the brewery would have been responsible for the pub in its entirety and therefore the toilet door itself.
During litigation, the brewery made two applications to the courts for Miss Weston’s claim to be dismissed, maintaining that they were not the responsible party. These were both unsuccessful. In fact, it also transpired that the brewery was responsible for fitting the doorstop prior to the current landlord taking possession of the pub.
Attempting to resolve the matter as quickly and painlessly as possible, our client made an offer to the brewery to settle the claim for £15,000. We received no response to this offer.
The defendants rue not accepting the settlement offer
Just over two years since original proceedings had taken place, the trial concluded and Miss Weston was successful in her claim and gained a compensation sum of £17,396. Express Solicitors’ Jennifer Hutton suspects the brewery regrets not accepting Miss Weston’s generosity earlier, “Had they accepted our client’s offer two years earlier it would have prevented a lot of stress for the Claimant and additional cost for them.
“This was an extremely difficult case but we were not prepared to give up and this has been a fantastic result for our client.”