Case Study: Fall Due to Faulty Gate at a Nursery

Mrs Osbourn Received £5,500 Compensation

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.


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.  

Have you also been hurt in a fall in public?

If the fall was caused by the negligence of somebody else you could make a claim. For some free no obligation advice on whether you have a case, call our team on 0800 054 6570 or fill in our contact form

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