Slip and Trip Claims

A slip or trip can occur anywhere; on the street due to defects in the pavement, in shops or supermarkets due to wet floors or in the workplace due to loose carpeting or exposed wires. The personal injury team at JMW handles many slip and trip claims every year. We have your best interests at heart and will work hard to get you the compensation you are entitled to.

If you have had a slip, trip or fall in the last three years that was a result of someone else’s negligence, you may be entitled to compensation. To find out if you are eligible to make a claim, simply call our experts on 0800 054 6570 or fill in our online form and we will get back to you.

Click on the links below to navigate to a specific section or scroll down:

What Our Clients Say
  • Thank you so much

    "Thank you so very much for the cheque, which I received today. "I would also like to thank you for the efficiency, kindness and patience you have shown to me during the past 17 months. You have pointed me in the right direction throughout, for which I am very grateful. "Thank you all once again for your help and support."

    Mr W

     

  • I would just like to thank you

    "I would just like to thank you for all your hard work in getting me a happy result. I know it's your job, but I appreciate it was potentially a tricky one to tackle, I didn't find any other solicitors prepared to take the challenge!"

    Ms C

  • Thank you for your help

    "Thank you for your help today and once again, going that extra mile for my family and me. Your firm's motto is "in your corner" but what you do goes beyond that. Whatever the outcome of the case is, I know that I would not have wanted anybody else by my side."

    Mr R

Slip and Trip Claims In Depth

It is reasonable to expect that any place you enter will be free of slipping and tripping hazards. Organisations must have policies in place to reduce the risk of slips and trips to employees working on their premises, while companies experiencing regular visits from the public, such as shops, restaurants and bars, must legally follow health and safety guidelines to prevent customers suffering a slip or trip while on the premises. Likewise, local councils are obliged to take adequate precautions to ensure that pavements and roads in their area are free of tripping hazards. 

If these procedures are not followed and an accident occurs as a result of someone else’s negligence, the injured party is entitled to make a claim. JMW’s personal injury law experts are here to help make compensation claims for accidents that have occurred due to trips, slips or falls.

The most common causes of slips, trips and falls include:

  • Spillages
  • Poorly maintained pavements
  • Potholes
  • Obstructed walkways
  • Poorly fitted carpets
  • Exposed wiring

Slip and Trip Accidents in Supermarkets

Slip and trip accidents occur in supermarkets because of the various hazards that lead to a customer or employer hurting themselves. Accidents of this type can include:

  • Slipping on a wet floor
  • Falling over boxes, equipment left in the aisle or other obstacles
  • Slipping on food or packets
  • Tripping on damaged flooring

It is the supermarket’s responsibility to keep customers and workers safe by minimising the risk of an accident taking place. If you have been injured in a supermarket due to their failure to manage the risk of injury to you, you will be entitled to compensation and should speak to a solicitor as soon as possible.

Slip and Trip Accidents in Public Places

Public places are areas intended for use by the general public, such as parks, pubs and restaurants, gyms and car parks. There are a range of reasons why accidents may take place in these spaces, more so if they are busy, but it is the owner’s or city council’s responsibility to prevent these from happening.  

If you have suffered an accident in a place open to the public, you can make a claim for compensation against the occupier’s public liability insurance.

FAQs

  1. How Much Compensation Could I Receive?

    The amount of compensation awarded for a slip or trip is determined by the severity of your injuries, how quickly you recover and any financial losses you may have incurred as a result of your injury. For this reason, it is difficult to determine exactly how much compensation you will receive until we have all of this information and have assessed it. However, our interactive compensation calculator will help you get an idea of how much your claim could be worth.

  2. What Should I Do After a Slip or Trip?

    There are certain steps you should take following a slip or trip accident that could benefit you, if you are going to make a claim. First and foremost, you should report the incident to a member of staff or the owner of the premises at the time of the accident, ensuring they record what has happened in the accident book.

    If you are able to do so, you should collect the names and contact details of any witnesses to your accident and take photographs of where the injury took place.

    You should also keep receipts of any financial outlays you’ve had to make as a result of the accident, so that these can be included as part of your claim. Keeping receipts will help to demonstrate your outlays and strengthen your claim for them, however, you are still able to seek compensation for financial expenses if you are not able to provide receipts.

Why Choose JMW?

Our solicitors have successfully claimed slip and trip compensation from various organisations and local authorities from across the country for more than 30 years, placing us as the perfect law firm to handle your case. We know exactly what it takes to be successful with these types of claims and part of this is creating a close working relationship with you. We are confident that you will be happy with our service.

Once your claim begins, we promise that you will receive honest, straightforward advice from us; advice that will help you to understand how your case is progressing. 

We work on a no win, no fee basis, which means you are protected from all legal costs if your case is not successful.

Case Studies

  1. Case Study: Serious Multiple Fractures Due To Trip While Working at Care Home - £82,500

    A woman, with JMW's help, has received £82,500 compensation after suffering serious multiple fractures due to a trip while working at a care home.

    The claim

    Mrs R was working as a carer in a residential care home.  Whilst carrying a laundry basket, Mrs R fell over an internal, uneven lip between two rooms, and water that had been allowed to gather on the floor, landing on her right-hand side and suffering a proximal humeral fracture to her right arm and shoulder. She decided to make a claim and was referred to JMW Solicitors where Jason Harwood, Partner, dealt with her case. 

    The case

    Jason sent a letter of claim to Mrs R’s employers, the defendant in the case, informing them of her decision to claim, and asking them to forward on the letter to their legal representatives to deal with on their behalf.  Jason asked them to confirm whether or not they would accept responsibility for Mrs R’s injuries. 

    Eventually, the defendant’s solicitor responded saying that they denied responsibility as the floor was not wet, and they claimed Mrs R admitted she’d filled up the washing up basket too much and was ‘stupid’ for doing so, as it caused her to trip.  Mrs R claimed this was entirely false. 

    Obtaining evidence

    Jason requested copies of documentation regarding Mrs R’s accident, such as the accident book, and a statement from the owner of the care home, from the defendant’s solicitor.  He also arranged for Mrs R to provide a witness statement, which outlined the accident circumstances, her injury, and the effect it had on her life. Jason noted that the area in which the accident happened had since been turned into an office and requested before/after photos and construction plans from the defendant’s solicitor. 

    Jason also asked Mrs R to verify some information regarding when she’d filled in the accident book and who had been present, as her account and that of the defendant’s, differed. 

    Medical requirements

    Although Mrs R had initially received treatment following her accident, 10 months on, her doctor highlighted that the fractures were still not healing and she therefore required an operation which would see her undergo open reduction and internal fixation.  She was also put on a course of physiotherapy to help her recover. 

    Meanwhile, Jason received some further allegations from the defendant’s representatives, claiming that Mrs R, rather than being unable to work as she had told us, had taken on a job at a supermarket.  Mrs R denied these allegations and told Jason that she was not sure she would ever be able to return to the sort of work she used to do at the care home.  The defendant’s representatives also alleged that Mrs R had complained in writing about undertaking the laundry whenever she was working at the care home, and that the ‘lip’ she tripped on was actually a step of 16.5 centimetres, both of which Mrs R denied. 

    At this stage, Jason decided to engage a barrister to advise on the prospects of success the case had, as there were a number of allegations the defendant’s representatives were making that were contrary to the information Mrs R had provided us with. 

    After holding a conference with the barrister, he agreed that Mrs R’s case had a good chance of being successful, however we would need to ensure that the evidence was as comprehensive as possible.  We approached Mrs R’s sister, who had assisted her after the accident, to provide us with a witness statement, and arranged for Mrs R to see an independent consultant orthopaedic surgeon to provide an independent medical report. 

    Return to work

    At this stage, Mrs R advised us that, some 18 months after her accident, she had recovered from her injuries sufficiently to return to work as a domestic assistant at a care home, but that she would not be able to be a care assistant again as the role was too physically demanding.  Mrs R continued to be in pain and had a limited range of movement in her shoulder. 

    The independent medical report confirmed Mrs R hadn’t made a full recovery from her injury and would continue to suffer ongoing pain and have a restricted range of movement.  The independent consultant orthopaedic surgeon also requested that Mrs R undergo an x-ray to finalise his opinion.  On seeing the x-ray, he confirmed that the injury was a direct result of the accident and that Mrs R’s current symptoms would not improve.  He also confirmed that the accident had affected her capacity for work.   

    We had another meeting with our barrister, in light of the additional evidence. 

    Our barrister felt happy with the level of evidence we’d built up and put together two documents; a particulars of claim and a schedule of loss, which summarised Mrs R’s claim and highlighted how much compensation we were seeking on her behalf.  Jason then emailed the defendant’s solicitor, advising them to make a reasonable offer to settle the case or we would start Court proceedings. 

    The defendant’s solicitor maintained their denial of liability and we were forced to start Court proceedings.  The case was listed for a case management conference before a district Judge.  As a result of this conference, dates for a potential trial and exchange of evidence were arranged.  The Judge also agreed that the defendant’s solicitor would be able to get their own independent medical expert to examine Mrs R, and that both medical experts would have to provide a joint statement to the Court. 

    Final evidence

    It was arranged for Mrs R to visit the defendant’s independent medical expert, although meanwhile, their solicitor also made an offer to agree responsibility for the case, on a 50%/50% basis, which, if Mrs R accepted, would mean she would be admitting she was 50% responsible for the accident that caused her injury, and would accept 50% of the total agreed compensation award.  Jason negotiated an increase on this to 70%/30% in Mrs R’s favour. 

    After receiving their medical report, the defendant’s solicitor noted that the independent medical expert they had hired to examine Mrs R agreed with our medical expert.  As a result, the defendant’s solicitor made an offer to settle the case.  We felt the offer was good, however Mrs R was entitled to more. Jason entered into further negotiations with the defendant’s solicitor and was ultimately able to agree a settlement of £82,500.  Mrs R was delighted with this settlement and the work Jason had been able to do on her behalf.  

  2. Case Study: Pensioner Falls Due to Missing Paving - £26,500

    A pensioner who injured herself due to missing paving has been awarded £26,500 compensation thanks to JMW's personal injury team.

    Miss L was injured after she fell over a section of pavement which had a missing paving brick, causing her to trip in the hole it left.  She decided to make a claim for her injuries and got in touch with JMW Solicitors. 

    The case

    A pensioner, Miss L was walking down a pavement when her left foot went down a hole caused by a brick missing in the pavement.  She fell forward and landed on her left side, sustaining a fracture of her left humerus, two black eyes and a small cut on the bridge of her nose.  She decided to claim against her local council. 

    The claim

    A letter of claim was sent to Miss L’s local council, who admitted liability for her accident.  To help assess the appropriate level of compensation for Miss L’s injury, she was examined by an independent Consultant Orthopaedic Surgeon, who produced a report on her injuries. 

    The report noted that Miss L had suffered bruising to her face and a fracture of her left humerus from the accident.  It also noted that Miss L’s fracture had healed within six weeks and that a 30% loss of movement in her left shoulder would be permanent.  It recommended a course of physiotherapy to strengthen Miss L’s shoulder muscles. 

    The offer

    We prepared a Schedule of Loss, detailing the financial losses Miss L had experienced due to the accident.  After Miss L had agreed with both the contents of the medical report and the Schedule of Loss, we sent copies to the defendant’s insurer, to encourage them to make an offer to settle the case. 

    While waiting for a response, we noted that the case was close to its limitation deadline, where a case must either have been settled or court proceedings have been issued.  She issued protective court proceedings to safeguard Miss L’s claim, should it not settle quickly. 

    We also took a witness statement, in case the defendant’s insurer requested further evidence on the adjustments Miss L had made to her life as a result of the accident. 

    Final Settlement

    The insurer responded, with an offer of £26,500 to settle Miss L’s case.  We believed this was a good offer and advised Miss L to accept it, which she did.  Miss L was delighted with the outcome of the case, and all of our hard work.  She said of JMW: "Your service is, in my opinion, very good."

  3. Case Study: Kerbstone Tripping Accident - £17,000

    A woman has received a significant sum of compensation after she tripped over a kerbstone and suffered multiple injuries.

    Mrs B Ball sustained injuries to her face, knees and several front teeth after tripping over a raised kerbstone.

    The accident           

    Mrs Ball and her husband were walking home from their daughter’s house, and when Mrs Ball attempted to cross the road, she tripped and fell upon a raised kerbstone, sustaining a number of injuries.  Five of her front teeth were damaged, she had a cut to her nose, bruising to her face, a badly swollen lip and injuries to her knees.

    Injuries and lasting effects

    The dental damage was extensive and Mrs Ball was advised that one upper front tooth was fractured at the gum (and would require root filling and restoration with a crown), and a second front tooth had lost a sizable amount of crown but could be repaired.  Mrs Ball also needed to have a badly damaged tooth extracted and had a denture fitted.

    The denture caused Mrs Ball physical and emotional difficulties; she found that the denture was loose fitting, her speech was impaired as a result of the denture and she even found herself avoiding certain foods.

    The claim

    Mrs Ball decided to seek compensation for her injuries and the emotional trauma she suffered as a result of the accident, and so instructed JMW to act on her behalf.

    When Mrs Ball instructed JMW, her solicitor, Jason Harwood, referred her to see a Consultant in Restorative Dentistry, who advised her that instead of the denture replacing the two lost teeth, she could have a cantilever bridge carried on an adjacent tooth that would support one tooth and a root canal fill and crown to replace the other one.  She was also advised to that she could have two crowns to two other damaged teeth.  Finally, Mrs Ball was advised to have her teeth whitened, so that her repaired teeth would be the same colour as the other, undamaged teeth and appeared natural.

    Jason also referred Mrs Ball to a Consultant Orthopaedic Surgeon regarding the pain affecting her knees.  He recommended a course of physiotherapy over four months.

    Settlement

    The defendant, Dudley Metropolitan Borough Council, admitted liability and the settlement Mrs Ball was awarded enabled her to pay for appropriate dental treatment, plan for replacement crowns and bridges and pay for her physiotherapy.  Mrs Ball’s knee pain was fully resolved as a result of the physiotherapy and all her teeth are strong and healthy; comparable to before the accident.  

    Mrs Ball has been delighted with the outcome of the case, and her settlement of £17,000; a figure which will enable her to pay for replacement dental work and also recognises the emotional difficulty she suffered after the accident.

  4. Case Study: Slip at a Petrol Station - £15,500

    A woman has been awarded £15,500 in compensation after she slipped and broke her wrist at a petrol station.

    The claim            

    Mrs S was filling her car up at a petrol station with a “pay at pump” facility, when an elderly couple struggling to use the facility asked for her help.  She went to assist and in doing so, slipped on a diesel-like substance spilled on a tiled area she walked across.  Mrs S fell to the ground, breaking her left wrist. 

    The case

    Mrs S made a claim for her injuries and was put in touch with JMW Solicitors where Jason Harwood, Partner, handled her case.  He wrote a letter of claim to the supermarket that owned the petrol station, the defendant, whose claims department responded. 

    Jason obtained witness statements from the couple that Mrs S tried to assist.  These statements supported Mrs S’s story; that the couple were at the pump in front of her, and to reach them Mrs S had to walk on a raised, tiled area.  Jason disclosed these statements to the defendant’s representative. 

    Defendant’s failure to respond

    The defendant’s legal representative had not responded and Jason pressed them to come back to him urgently.  He also requested several documents to establish what procedures the supermarket had in place for cleaning and maintenance. 

    They still did not respond, so Jason notified them of his intention to make a court application to make them respond.  The defendant’s representative then responded, requesting if they could have longer to investigate the case.  He refused and continued with the application. 

    The defendant instructed a solicitor, who ensured that Jason received copies of the documents he requested.  The defendant’s solicitor also said they were disputing liability for the accident. 

    Next steps

    The defendant’s solicitor disputed that Mrs S had fallen due to the defendant’s neglect.  They overlooked Jason’s witness evidence but did not produce evidence suggesting the forecourt was checked.  Jason pressed them for more evidence about the cleaning schedule on the day. 

    After a lengthy wait, the defendant’s legal representative responded with a checklist for cleaning the petrol forecourt and witness statements from the cleaning manager and a petrol station attendant.  However, there was no information relating to the person responsible for checking the area that day.     

    Gathering supporting evidence

    Jason started to get medical evidence. He requested a copy of Mrs S’s medical records and arranged for Mrs S to see an independent Consultant Orthopaedic Surgeon to prepare a report on her injuries. 

    The report confirmed Mrs S’s injuries, and highlighted that she had experienced additional strain and a soft tissue injury around her left hip.  It suggested that Mrs S’s injuries may lead to degenerative changes in her wrist, but that it wouldn’t become any worse. 

    Jason put together a Schedule of Loss, outlining the quantifiable losses Mrs S had suffered as a result of her accident.  Once Mrs S had approved the Schedule of Loss, Jason submitted a copy of this and the medical report to the defendant’s legal representatives, inviting them to settle Mrs S’s claim. 

    Court Proceedings

    The defendant’s legal representative refused to settle the case and continued to deny liability, so Jason started court proceedings against them. 

    While Jason was preparing documentation for Mrs S’s case, he received notification from the defendant’s solicitor requesting to resolve the case.  They made an offer to settle the case, however Jason felt this was low and advised Mrs S to make a counter offer.  Mrs S did so, and after negotiation, both sides agreed a figure of £15,500. 

    Mrs S was delighted with Jason’s work on the case.  She stated that “Mr Harwood was very good.  He kept me informed at all times.  He couldn’t have been more helpful.”

  5. Case Study: Trip Over Electrical Cables - £14,000

    JMW has aided a pensioner in securing a £14,000 settlement after she tripped over electrical cables and broke her wrist.

    The case

    Mrs W, a pensioner, tripped and fell over electrical cables that were being used for an outdoor performance.  She suffered a broken left wrist, two black eyes, bruising to her nose and cuts and bruises to the knee.  She decided to make a claim and got in touch with JMW Solicitors.  

    The claim

    Mrs W was making her way down her local high street when she fell over the cables, which were being used to power an outdoor performance and being run from a shop across the pavement.  She was then taken into the store to be treated by a paramedic, where she noted another member of the public trip over the same cables.  

    We sent a letter, outlining Mrs W’s accident circumstances and her intention to make a claim, to the organisation that put on the outdoor performance. This was then passed to the insurance company of the cable company responsible for providing the cabling for the event, who admitted responsibility for Mrs W’s accident.  

    Gathering evidence

    We arranged for Mrs W to have a medical examination from an independent consultant orthopaedic surgeon, who could provide an independent report regarding her injuries, how they were sustained and offer a prognosis for Mrs W’s recovery.  As we had difficulties with arranging for an independent medical expert to see Mrs W in her local area, and due to her age, we arranged for Mrs W to have a home visit.  

    The medical expert suggested that the cuts, bruises and her black eyes healed well, and that the wrist fracture should settle within 8-10 months, although Mrs W would be left with some residual stiffness of her wrist on a permanent basis.  Mrs W also confirmed she had suffered from migraines and vomiting after the accident, which the medical expert made a note of.  He also confirmed that the accident affected Mrs W psychologically, as she had experienced a loss of confidence, and recommended she see a psychologist.  

    Meanwhile, we prepared a schedule of loss, a document outlining all of Mrs W’s financial losses as a result of the accident.  

    The psychologist reported that Mrs W was not feeling the same level of confidence she had before the accident, and suggested that it would be a number of months until she re-gained her confidence.  He did, however, suggest that some of her loss of confidence was due to the natural ageing process.  

    Final settlement

    Once we had all of this information, we submitted it to the cable company’s insurance company, to encourage them to make an offer to settle the claim. They came back with an offer to settle the case that we felt was a bit low.  We advised Mrs W to allow us to negotiate, reject the offer and return to the insurance company with an increased offer, which she agreed to.  

    The insurance company rejected this increased offer, but made an offer that sat in the middle ground, between their original offer and ours.  After consulting with Mrs W, she confirmed that she was happy to accept the offer.  

    Mrs W was very grateful for the service we provided, and wrote a very kind letter.  She said: “Your advice has proven invaluable during the entire process and I would like to thank you for the manner in which it was offered, I felt at every stage that you had my best interests at heart and I am extremely grateful.”

  6. Case Study: Trip in Supermarket Car Park - £13,730

    JMW has secured a £13,730 settlement for a woman after she tripped in a supermarket car park and suffered a rotator cuff injury, cuts and bruises.

    The claim

    Mrs S tripped and fell over a two inch stump in the ground in a supermarket car park.  The fall caused Mrs S cuts to her elbows, hands, wrists and knees, as well as an injury to her right shoulder which caused a strain to the rotator cuff area.  She also had to cancel a pre-planned operation on her toe due to her injuries.  She decided to make a claim and was put in touch with JMW Solicitors. 

    The case

    We sent a letter of claim to the supermarket, the defendant, outlining Mrs S’s accident, her injuries and her intent to make a claim.  They, in turn, passed it on to their insurance firm, who admitted liability for Mrs S’s accident. 

    We also got to work organising for Mrs S to see an independent consultant orthopaedic surgeon, who could provide an independent medical report on her injuries.  Unfortunately, we had to put this on hold briefly, whilst Mrs S attended hospital for an unrelated hip operation.  Once Mrs S was able to attend the consultant orthopaedic surgeon, he recommended an MRI scan on her shoulder in order to provide a full and clear medical report.  At the time of the accident, Mrs S was recovering from treatment to her shoulder for a rotator cuff issue, and the consultant noted that Mrs S had a great deal of muscle wastage around the right shoulder. 

    Medical evidence

    Mrs S put a witness statement together for us, detailing the effects the accident had had on her and her husband, as well as the financial losses she suffered as a result of the accident. 

    Meanwhile, the consultant orthopaedic surgeon delivered an updated medical report, based on Mrs S’s MRI scan.  It threw up several issues; firstly that Mrs S’s accident had brought forward the onset of chronic symptoms in her right shoulder, that the accident had brought on a small rotator cuff tear that could be repaired, that Mrs S potentially required a shoulder joint replacement (but was advised against any surgery unless absolutely necessary, due to her age), and that Mrs S’s ongoing problems were an effect of pre-existing arthritis and the rotator cuff tear. 

    Due to the complexity of the case, we asked a barrister to advise on the case.  She also obtained quotes for the surgical procedures Mrs S would potentially require; the shoulder joint replacement and the rotator cuff tear repair.  She also drafted a Schedule of Loss document, outlining Mrs S’s monetary losses, and physical injuries as a result of the accident, to use as a negotiation tool with the defendant’s insurer. 

    Final settlement

    Once Mrs S was happy with the information in the schedule of loss, we sent a copy on to the defendant’s insurer.  In response to receiving the schedule of loss, the defendant’s insurer made an offer to settle the case.  We passed this offer onto Mrs S, and advised that she felt it was a difficult offer as they had not provided a breakdown of the offer, so it was not clear how much they thought different elements of Mrs S’s claim were worth and therefore not easy to tell if they were undervaluing it. 

    Further communication with the defendant’s insurer encouraged them to provide a breakdown of the offer.  We felt this meant the offer was a bit on the low side; so we entered into negotiation discussions with the defendant’s insurer.  This resulted in an offer of £13,730 to settle Mrs S’s claim, which she was delighted with.  

  7. Case Study: Slip on Steps at Beach - £13,500

    JMW has acquired a £13,500 settlement for a man who broke his elbow after falling on steps at a beach.

    The case

    Mrs G was visiting a beach with family when she slipped and fell down a set of steps to the beach that had become slippery due to water running down the steps from a nearby cracked drain.  She broke her elbow, requiring surgical insertion of metalwork. 

    The claim

    Mrs G’s solicitor, Sam McElroy, wrote a letter outlining Mrs G’s intent to make a claim, to the organisation responsible for maintaining the steps to the beach, the defendant in the case.  He asked them to pass it to their insurer, who confirmed that they would admit responsibility for Mrs G’s accident. 

    Sam arranged for Mrs G to be examined by an independent consultant orthopaedic surgeon, who would provide an independent medical report highlighting the cause of Mrs G’s accident, her injuries and prognosis.  He also requested copies of Mrs G’s medical records from her GP, and from the hospital that treated her injury, to allow the independent consultant to be aware of her medical history. 

    Financial losses

    Sam asked Mrs G to provide him with information about any financial losses she had suffered as a result of the accident, such as medical expenses, damaged clothing, and so on.  As Mrs G was retired, she did not need to make a claim for any time taken off work.  However, Mrs G’s husband was able to provide a breakdown of the amount of time he had spent caring for her, which we included as part of the financial loss figures. 

    Sam also prepared witness statements on behalf of Mr and Mrs G, to further support the claim. 

    Medical report

    Once the independent consultant orthopaedic surgeon  had completed his report, he sent us a copy of it.  It confirmed that Mrs G had suffered a fracture to her right elbow which required surgical insertion of metalwork.  It also highlighted Mrs G’s recovery period, that she continued to experience some low level pain, that she should eventually be able to remove the metalwork in her arm, and that there was an increased risk of degenerative change to her elbow, but that this shouldn’t be painful. 

    Sam got a quote for the surgical operation required to remove the metalwork in Mrs G’s arm, so that he could seek this cost as part of her compensation award.  In liaison with Mrs G, Sam also requested some changes to the medical report to ensure it fully covered the extent of Mrs G’s injuries. 

    Sam also put together a Schedule of Loss document, detailing all of the monetary losses Mrs G had suffered as a result of her accident.  Once Mrs G confirmed she was happy with the accuracy of the information in the document, and her medical report, Sam disclosed the documentation to the defendant’s insurer, in order to encourage settling Mrs G’s case. 

    Negotiating a settlement

    The defendant’s insurer finally made us an offer to settle the case.  However, Sam felt this offer was too low and advised Mrs G to reject it.  Mrs G did reject the offer, and after advice from Sam, Mrs G agreed that he should go back to the defendant’s insurer with an increased offer.  This was rejected, but the defendant’s insurer also made a higher offer when they rejected Mrs G’s.  We rejected that offer and made a counter offer. 

    The defendant’s insurer rejected that offer, and made a final counter offer, suggesting that if we still felt it was too low, we should prepare Court proceedings.  Sam believed a higher award may have been possible if the case was taken to Court, however after a lengthy discussion with Mrs G, she decided she would rather forego Court proceedings and settle the case quickly. 

    Sam therefore confirmed with the defendant’s insurer that Mrs G was going to accept the offer.  Mrs G kindly said of Sam’s work on the case: “Sam McElroy did an excellent job on my behalf!”

  8. Case Study: Fall Due to Pothole in Road - £13,000

    A woman who fractured her wrist and radius bone after falling due to a pothole in the road has been awarded £13,000 compensation with help from JMW.

    The accident

    A pensioner living an active lifestyle, Mrs B Jones was crossing a busy main road on her way home.  The main road was made up of four lanes of traffic, two per direction, and a central island for pedestrians.  She crossed safely into the central island and remained stationary until the traffic lights on the other side of the road were red.  Mrs B Jones began to cross when her foot became caught in a pothole at the edge of the traffic island, causing her to trip and fall into the road.  Mrs B Jones automatically put her arms forward to break her fall, but was unable to do so and landed on the ground.  She was helped to her feet by the drivers of two lorries that were stationary at the traffic lights, who assisted her onto a bench on the other side of the road, where she sat for a short while before she made her way home. 

    Legal advice           

    Mrs B Jones decided to seek compensation for her accident and was put in touch with JMW Solicitors LLP, where Senior Associate Angela Rowlandson handled her claim. 

    Angela pursued the local authority responsible for maintaining the road, who suggested that Mrs B Jones was partly responsible for the accident as she did not notice the pothole.  However, it transpired that other members of the public had fallen in the same place as Mrs B Jones, which enabled us to highlight the danger that the pothole presented to the public, and that the local authority was fully negligent in its maintenance of what was clearly a busy pedestrian route. 

    Lasting effects

    Mrs B Jones was in considerable pain after the accident; the fracture to her wrist took longer to heal than first anticipated and she was forced to wear a plaster cast for ten weeks, and a wrist brace for a further four weeks.  She then underwent intensive physiotherapy, due to continued problems she suffered gripping and with tightness in her little finger.  Mrs B Jones also felt a severe impact on her lifestyle as a result of the accident, losing her confidence in a number of areas.  She experienced flashbacks of the event and stopped feeling comfortable driving, forcing her to sell her car.  She is also reluctant to walk long distances and her hobbies of walking and playing bridge suffered as a result. 

    Angela instructed a consultant orthopaedic surgeon to examine Mrs B Jones, who confirmed her injuries and the physical and psychological effects they had on Mrs B Jones’ life.  The specialist also confirmed that Mrs B Jones will continue to suffer from permanent restriction of movement in her wrist.  His report placed Angela in a strong position to argue that Mrs B Jones receive compensation for the effect the accident had on her life and she was able to use this information to boost her compensation claim against the local authority. 

    The case

    Despite the strong evidence we provided them, the authority was slow to respond to our case and we were forced into a position of issuing court proceedings against them, so that we could secure a swift settlement for Mrs B Jones.  This prompted the local authority to make an offer in full and final settlement of Mrs B Jones’ claim.  However, Angela felt that the offer severely undervalued Mrs B Jones’ case and, with Mrs B Jones’ consent, pushed the local authority for a figure that she felt was more appropriate. 

    Settlement

    Angela was ultimately able to settle Mrs B Jones’ case for £13,000.  Mrs B Jones was very pleased about the level of compensation Angela was able to get from the local authority.  It is hoped that in time, Mrs B Jones will regain more confidence and this resolution is very helpful in being able to put this incident behind her and enjoy the rest of her retirement. 

  9. Case Study: A Poorly Maintained Gate - £7,000

    JMW has helped a woman obtain £7,000 compensation after she suffered a fractured shoulder following a horse riding accident due to a poorly maintained gate.

    The claim        

    Mrs O suffered a fracture to her right shoulder and soft tissue injuries to her back, chest and right leg when she was attempting to pass through a gate on a public right of way whilst riding her horse.  The gate sprung back whilst she was passing through it, causing her horse to bolt, knocking her to the ground.  She decided to make a claim and got in touch with JMW Solicitors. 

    Starting the case

    Mrs O told us that the gate was in a poor state of repair, was difficult to open, had chicken wire on it, and would swing back suddenly and violently after it had been opened if it was not being firmly held with both hands, despite being on a regularly used bridleway; something that Mrs O’s husband had complained to the council about prior to the accident.  We wrote a letter of claim to the local council, informing them of Mrs O’s accident and her intention to make a claim. 

    However, the council responded, suggesting that a private landowner was responsible for the area and therefore we should pursue them.  We contacted them and they responded with an offer to provide Mrs O with an assessment to understand what treatment she may still need, whilst they were still considering whether or not they were responsible.  As Mrs O was still in pain, she took them up on this offer, as she was keen to receive rehabilitation treatment. 

    Denial of responsibility

    The private landowner’s solicitor denied responsibility for Mrs O’s accident.  They claimed that the path wasn’t a bridleway, and Mrs O should have dismounted her horse.  They also claimed that the gate was in a good state of repair. 

    Mrs O addressed the reason why she didn’t dismount the horse at the gate; she outlined that the British Horse Society advises against this, and that it is dangerous to dismount and mount from the ground.  As it was becoming clear that establishing which party was at fault on Mrs O’s case was not straightforward, we decided to instruct a barrister to provide some advice on the case and establish the best way to proceed. 

    We asked Mrs O to provide us with a statement outlining her accident, her injury and the problems the situation had caused her.  She also told us the correct way to proceed when horse-riding and negotiating bridleways. 

    The argument supporting Mrs O’s claim

    The barrister advised us that the gate was positioned on a public right of way and unless it could be proven that it there was a right to obstruct it with a gate, then the gate constituted a nuisance.  We would need to establish whether the gate, which was fitted 10 years previously, was replacing a pre-existing gate, and whether or not a gate has always been part of that highway.   

    We also arranged for Mrs O to be examined by an independent medical expert who would provide a report on her accident, injury and prognosis, in order to support her claim.  We arranged to hold a telephone conference with Mrs O and the barrister, to review the case, as it was reaching limitation – the stage where legally, a personal injury claim should either be settled or involved in the Court process.  Meanwhile, Mrs O informed us that a new gate had been installed in place of the old gate; this gate had been re-hinged and no longer swung back on itself, but stayed open. 

    During the conference, we discussed the condition of the new gate.  We also talked about the precise events leading up to the accident, and the accident itself.  We then went through Mrs O’s rehabilitation experience.  After the conference, we decided to get inspection records from both the council and the landowner in relation to the area, as well as extra documentation including the position regarding the bridleways inspector. 

    Resolving the case

    We received the medical report, which suggested that Mrs O should have made a full recovery from her injuries.  It did however, note some degenerative changes to her back as a result of the accident, and that she was struggling to overcome her fear of horse-riding, so  we arranged to refer Mrs O to a psychiatrist. 

    Whilst we were arranging an appointment with the psychiatrist, we were contacted by the landowner’s representatives, who made an offer to settle the case.  After reviewing the offer, we went back to them and sought to negotiate a higher offer.  After negotiation, we were able to agree a final settlement of £7,000.  Mrs O was delighted with this and was finally able to draw a line under the incident and move on.  

  10. Case Study: Fall on Shop Steps - £7,000

    A woman received £7,000 compensation after she fell outside a shop and suffered a right foot fracture 

    As Mrs H, a pensioner, exited the shop, she caught her right foot in a crack in one of the shop’s steps.  She then put her left foot down in an area between the step of the shop and a gully on the pavement.  The gully was uneven, sending her off balance and when she put her right foot down in the same place, it caused her to twist round and begin to fall, which she was able to break by grabbing hold of a passer by who was going into the shop. 

    She felt immediate pain in her right ankle and went to her GP, who advised her to attend hospital to have the area X-Rayed.  The X-Ray showed that Mrs H had sustained a fracture to the fifth metatarsal on her right foot and she was put in a plaster cast and given crutches to help her move. 

    Mrs H decided to make a claim for compensation for her injuries and was put in contact with JMW Solicitors LLP. 

    Putting the case together

    We started putting a case together for Mrs H, and initially contacted the council responsible for maintaining the pavement, however after mutual investigation, it was agreed that Mrs H’s accident had taken place within the boundary of the shop, and so we re-directed our claim to the shop’s insurers. 

    Because of her injury, Mrs H suffered extreme discomfort and change to her lifestyle.  She was rendered housebound for the first four weeks after her accident, relying on her husband for assistance for every element of her daily life.  She made use of the crutches and a wooden soled sandal she had been given.  This continued for six to seven weeks until she had recovered enough to carry out daily activities without this level of aid. 

    Mrs H also held a part time job as an in-store shopper for a supermarket which was helping to support her and her husband during the early stage of their retirement and she had to take time off work until her injury became better.  Seven weeks after the accident, Mrs H was able to do more things for herself, however, she still required assistance from her husband.  Mrs H also visited a chiropodist, who noted that there was additional damage to the cuboid bone indicating a possible fracture or dislocation. 

    Insurers admit fault

    The shop’s insurers admitted that Mrs H’s accident was their fault, and we arranged for Mrs H to attend a Consultant Orthopaedic Surgeon specialising in foot and ankle injuries, to assess how she could be rehabilitated and help her reclaim certain aspects of her social life, including walking (which she struggled to do, particularly on uneven ground), dancing and driving (which she couldn’t manage for journeys of more than ten minutes).  This was the source of some emotional distress for Mrs H and it was important that this was addressed and Mrs H regain as much of her life prior to the accident as possible. 

    Assessing compensation

    We also arranged for Mrs H to see a separate Consultant Orthopaedic Surgeon to assess the level of compensation Mrs H could reasonably expect as a result of her injury and the effect it had on her life.  As Mrs H’s recovery period had been longer than first anticipated, this medical expert suggested an MRI scan be performed to confirm exactly what her injuries had been.  The MRI scan showed that Mrs H had suffered a split tear down the middle of a tendon in her foot near her ankle that connected to the fifth metatarsal, in addition to the fracture, which had been causing her pain and problems walking.  It also showed two other metatarsals and a cuboid bone had been broken.  He suggested a course of physiotherapy, so that some of the mobility in Mrs H’s foot could be restored.  It was our medical expert’s opinion that the injury had exacerbated some natural degeneration in her foot (which was in very early stages).  Mrs H was also walking with a crutch during her recovery period, and it was noted that this was aggravating a pre-existing sciatica condition. 

    Long term effects on Mrs H

    Effectively, Mrs H would not fully recover from the accident and would have to experience some discomfort from her foot for the rest of her life, so we had to account for that in our claim for compensation.  As a result of the accident, Mrs H also found that continuing to work part time was too much for her, as she was in a great deal of pain at the end of her shifts, and had to end her working life earlier than planned. 

    After being made fully aware of Mrs H’s medical position, we were able to enter discussions to arrange an appropriate sum of compensation for Mrs H with the shop’s insurers.  The insurers initially provided us with an offer that was well below our expectations and what the medical evidence we had gathered suggested we should be seeking.  However, as we had been able to gather a great deal of information on Mrs H’s case, we were able to negotiate a better offer for Mrs H from a strong position. 

    Settlement

    We were finally able to settle her case for £7,000.  Mrs H was delighted with the offer and with our team’s work on her case.  She has since recommended us to a friend, and we have been happy to carry on the work for her friend and live up to the praise she has given us. 

  11. Case Study: Fall Due to Faulty Gate at a Nursery - £5,500

    JMW has aided a woman during her case in which she received £5,500 compensation after she fell due to a faulty gate at a nursery.

    Mrs Kriss Ross Osbourn was involved in an accident when she was picking up her two year old daughter from nursery school.

    She left the nursery via the gate and as she pulled the handle to close the gate behind her, the handle came away in her hands and she fell forwards, landing on her side in an attempt to shield her daughter, whom she was carrying.

    Injuries and lasting effects

    Mrs Osbourn attended at her local Accident and Emergency department and was diagnosed with a soft tissue injury to her back and elbow, and was advised to rest. She suffered considerable problems with her back as a result of the accident.

    The claim

    Mrs Osbourn contacted JMW to place a claim against the local authority.  We constructed a letter of claim on her behalf, forwarded it to the local authority and subsequently got them to admit liability.

    As part of the claim process, we sent her to go and see a Consultant Orthopaedic Surgeon for examination and preparation of a medical report in support of her claim. A review of the notes showed that Mrs Osbourn had suffered with back ache during the course of her pregnancy but had not suffered with it prior to this and since the birth of her daughter.

    Mrs Osbourn continued to suffer with her injuries and sought assistance from a Chiropractor. We also sent her for a review with another Consultant Orthopaedic Surgeon who provided a much more reasonable prognosis, acknowledging that Mrs Osbourn would be more pre-disposed to neck/back problems as a result of the accident. Mrs Osbourn also suffered from ME.

    Settlement

    The final report showed that Mrs Osbourn sustained a 12-month acceleration injury to her neck, a 12-month acceleration injury to her back and hip and a two to three-week soft tissue injury to her elbow/forearm.  This information aided us with the claim and we were able to resolve Mrs Osbourn’s claim for £5,500.  

  12. Case Study: Slip from a Wooden Decking Walkway at Golf Club - £3,300

    With JMW's help, a woman has received £3,000 compensation after she slipped on a wooden walkway at a golf club, causing soft tissue damage in her knee.

    The accident

    A keen golfer, Mrs C was entering her local club house across a wooden decking walkway that went over a drainage gully, when she slipped off into the gully banging her leg and elbow as she fell, landing on her right knee. She decided to make a claim for her injuries and was put in touch with JMW Solicitors LLP. 

    The claim

    We sent a letter of claim to the golf club, the defendants, notifying them of Mrs C’s intention to claim for her accident.  They referred the matter to their insurer, who confirmed that they would investigate their liability for the case.  Despite evidence that a gentleman had been in a similar accident two weeks after hers, the defendant’s insurers denied liability for Mrs C’s accident, suggesting that she was running to the club house and slipped. 

    Evidence

    We therefore had to produce evidence to support Mrs C’s claim, and contacted witnesses who could support Mrs C’s account of her accident, including the gentleman who had injured himself* and a professional golfer who was instructing Mrs C and helping her improve her game. 

    In order to further support Mrs C’s claim, we also arranged for her to visit an independent medical expert to assess her injuries and provide a prognosis for recovery. 

    The defendant’s insurer then decided to change their position, and accept full liability for the accident.  The medical report confirmed that Mrs C had slipped on wet wooden decking and fell heavily on her right knee, which was cut and bruised as a result.  The expert noted that Mrs C made a good recovery, save for residual symptoms of pain. 

    We disclosed this medical report to the defendant’s insurer, to encourage them to consider a settlement.  She also began putting together a Schedule of Loss, outlining all the quantifiable losses Mrs C had experienced as a result of his accident, and therefore what she was entitled to claim for.  Mrs C’s schedule included provisions for care and assistance from her husband and physiotherapy sessions.  We also made a calculation for the emotional impact the accident had on Mrs C’s life. 

    Settlement

    The defendant’s insurer made an offer to settle the claim.  We felt that the offer was at the low end of what Mrs C was entitled to, when considering both her accident and the losses she was entitled to claim for and suggested to Mrs C that she negotiate a higher settlement, which Mrs C consented to.  We were able to then discuss the settlement figure with the defendant’s insurers, who consented to raise it to £3,300.  Mrs C was very happy with this amount and agreed to settle the claim. 

    Mrs C was very pleased with the way in which her claim was dealt with.

    *After contacting the gentleman who had experienced a similar accident to Mrs C at the golf club, the gentleman chose to make a claim and we also acted on his behalf. 

  13. Case Study: Trip Over Pothole in Public Park - £3,000

    A woman has received £3,000 compensation after she tripped over a pothole in a public park, tearing her ligaments in the process.

    Mrs D from Llanelli was walking her two dogs in a local public park at night.  During the walk, Mrs D had cause to walk along the entrance road into the park, as there was no pathway in this particular area.  As she was leaving the road, Mrs D caught her foot in a large pothole located in the middle of the road which caused her to fall to the ground, tearing the ligaments in her left ankle and cutting her knee. 

    Injury and lasting effects

    The ankle injury was so severe that Mrs D was unable to walk for two months and could not carry out her job as a cleaner.  During this time her husband was forced to take on her work duties in addition to his own. 

    The claim - how JMW helped

    Mrs D decided to claim compensation for her injuries and was put in touch with JMW Solicitors LLP.

    We started putting together a case against the defendant, the local authority responsible for the park in which Mrs D’s accident took place, and attempted to get in touch with them to discuss the case and obtain information from them that would help us build the best case for Mrs D.  Despite many attempts to open up conversation with them, we received little contact from the defendant and were forced to issue an application to court to compel them to reveal documentation, such as inspection and maintenance records or schedules, which would assist us with Mrs D’s case.

    When we examined the information the defendant provided us with, we discovered that there was evidence that the park was inspected by a community ranger on an ad-hoc, tri-weekly basis.  There was no particular account of the community ranger’s inspection pattern, so we had no accurate way to determine when the pothole that Mrs D fell over was last examined, or how regularly it was examined.  However, the information we received also pointed out that the pothole that caused Mrs D’s accident had been repaired since we had began the claims process, and that it was noticed during a round of inspections prior to the accident, but was not seen as the required size to be fixed.  In addition to this, potholes and defects of a similar size (ours measured between 1.5 and 2 inches in depth) had been almost immediately filled in or re-tarmaced once spotted.

    The defendant claimed that it was possible for walkers to avoid the road, and therefore avoid the pothole, however we highlighted that this contradicted our client’s experience as a user of the park.

    Settlement

    It was clear that the defendant would not be willing to settle the matter as they continued to deny liability and we were forced to issue court proceedings against them.  This prompted them to make an offer of £3,000, in full and final settlement of Mrs D’s claim.  This was based on Mrs D’s medical records and the report of a consultant orthopaedic surgeon that we organised for Mrs D to visit.

    Mrs D chose to accept the offer that the local authority made to her and was very grateful to JMW for all the hard work our team put into her case, particularly our persistence with a defendant who was slow to respond to all of our queries and continued to deny responsibility for her accident.

  14. Case Study: Slip in Supermarket - £2,750

    JMW has successfully helped a woman acquire £2,750 compensation after she strained her ligaments slipping in a supermarket.

    Slip in the supermarket

    Sixty four year old Mrs P was on her way home ahead of an evening celebrating her birthday with her husband when she visited her local supermarket to pick up some shopping.  As she was walking down one of the aisles in the store, she fell to the floor.  When she attempted to get up, Mrs P’s shoe fell off and she noted that it was covered in a cream-like substance which appeared to be all over the aisle. 

    Resulting injuries

    As well as spoiling her birthday celebrations due to the upset the accident caused, Mrs P noticed a growing back pain during the days following the accident.  She decided to visit her GP, who diagnosed her with strained ligaments in her back, neck and shoulder blade on her left hand side, and prescribed her with strong painkillers to help alleviate her suffering. 

    Over the next few weeks, Mrs P experienced problems driving her car as she was unable to turn properly and reverse.  This caused Mrs P trouble with her duties as the main carer for her father.  Mrs P was in a great deal of pain and taking a range of painkillers to lessen it. 

    Legal advice

    It was during this time that Mrs P decided to seek compensation for her accident, and she was put in touch with JMW Solicitors LLP.  Mrs P was particularly upset at the way she had been treated by the store; she felt that a large organisation that sees customer service as one of its values should and could have been more aware of the potential for the accident to happen, how she had been injured and her subsequent recovery. 

    Supermarket denies responsibility

    The supermarket denied responsibility for Mrs P’s accident because it claimed that it had a reasonable and effective system of cleaning and inspection in place, with all of the staff being trained in the store’s “Clean As You Go” policy, which dictates staff should be vigilant regarding spillages and potential hazards at all times.  It also claimed that in store cleaners responsible for checking hazards and spillages were in place, with the store being checked hourly, and that during the time of the accident, the store was in the middle of a general tidying process that required all staff to be present on the shop floor. 

    However, upon requesting maintenance and other recorded information relevant to the case, it was firstly discovered that store’s records that supposedly demonstrated whether or not an area had been checked and found to be properly maintained consisted of nothing more than a tick box sheet, no thorough proof that the area had been checked. 

    Further, the supermarket had a policy that a member of staff should not leave a spillage unattended and that someone should be left “on guard” at the spillage until cleaning equipment is obtained to clean it up.  Mrs P’s experience was that two members of staff were nearby, stacking shelves, but neither had attempted to guard the spillage, and both remarked words to the effect of “Haven’t they cleared that up yet?” after Mrs P had fallen.  There was also no warning sign in place around the substance and no other indication that shoppers may face a hazard. 

    Evidence and medical assessment

    We therefore challenged the supermarket’s denial of responsibility.  The evidence we had for Mrs P’s case demonstrated that the store had clearly been negligent in its duties to its customers. 

    After contacting JMW, we arranged for Mrs P to visit an Orthopaedic Surgeon to have her injuries assessed and her recovery period estimated.  The Surgeon estimated that Mrs P’s injuries should be resolved in a period of time between 6 and 12 months.  As the supermarket continued to deny responsibility, we were forced to issue court proceedings against them.  We were able to use the information obtained from the Orthopaedic Surgeon, and the figures that Mrs P had provided her for expenses she had incurred as a result of the accident, to put together a figure that represented a reasonable amount of compensation for the supermarket to offer to Mrs P.  We then made an offer to settle the case, with the authority of Mrs P, which the supermarket’s solicitors rejected. 

    In order to prepare for a potential court dispute, the court directed us to exchange our collated evidence with the supermarket’s solicitors.  We prepared a detailed witness statement from Mrs P that accurately recounted her accident, encounters with the store’s staff and her subsequent recovery process.  We were also keen to see the witness evidence from the supermarket’s staff as it was clear that this would be very important to the outcome of the case. 

    Although our evidence and that of the supermarket’s solicitors, should have been exchanged on a particular date (given to both us and the supermarket’s solicitors by the court), the supermarket’s solicitors were unable to provide their evidence in the timeframe provided, and so we informed them that if the case did go to court, we would object to them to relying on any witness statements or other documents (such as evidence of their “housekeeping staff rota”) that they had failed to provide at the appropriate time beforehand.  We also informed them that we were not willing to exchange our evidence with them until they were able to exchange evidence with us by return.  Arranging to exchange evidence on a certain day, when both the claimant and the defendant’s evidence is ready, is standard procedure in a case where the defendant (in this case, the supermarket) is denying responsibility for an accident. 

    Settlement

    The supermarket’s solicitors eventually provided the evidence, which included two witness statements from staff employed at the supermarket.  However, these witness statements made reference to other witness statements that would have proven important to the case, which were not with the evidence we were given.  We examined the available evidence and statements and did not feel that the evidence the supermarket’s solicitors provided was particularly helpful to their case, therefore putting us in a good position to bargain with them for a reasonable settlement on Mrs P’s behalf.  After some discussion between the two sides, the supermarket made us an offer to settle the case.  This offer was close to our original offer, so, after a considered discussion on the case, Mrs P chose to accept the offer and conclude her case. 

Talk to Us

To speak to a solicitor about a slip, trip or fall you have had in the last three years, call us now on 0800 054 6570 to get your claim underway. Alternatively, complete our online contact form and an expert from the personal injury department will be in touch shortly.



Endorsed By



Accreditations

Read more


People
Let us contact you.
Privacy Policy
Wildcard SSL Certificates