Last updated on August 18th, 2015 at 02:07 pm
Picking her way through busy roads on her usual route home, Hanorah felt something around her ankle and was thrown to the ground, falling heavily onto her side. The culprit – a plant, which was wrapped firmly around her ankle. Understandably shocked and shaken, Hanorah was helped up and back to her transport by friends.
Being a very independent lady, and despite being in agony, Hanorah prescribed herself a hot bath, strong painkillers and an early night and hoped that all would be well in the morning. Unfortunately she was wrong, and as the pain worsened she visited doctors, who indicated that nothing was broken. However, finding it more and more difficult to cope on her own, Hanorah had to move in with her daughter to be looked after. She tried her hardest to get back on her feet, but things got worse and after paying for physiotherapy to try to beat the NHS queues and accelerate her recovery, an x-ray in January 2011 showed that she had fractured her pelvic bone – a fracture that, unfortunately, can only heal with time – and lots of painkillers!
The plant, some sort of New Zealand Flax – also known as Phormium, had protruded from land that was the responsibility of Barnsley Metropolitan Borough Council (BMBC). Hanorah complained to BMBC, which has since cut the plant back several times, but the council was simply uninterested in helping her to recover the substantial costs that she had incurred due to the accident. Whilst she had not initially wanted to involve solicitors, Hanorah felt completely affronted by the council’s indifference and decided that it was the right thing to do.
She contacted Jonathan West, a personal injury specialist at Sheffield firm Graysons WE. Jonathan says “This is a very unfortunate incident that has left a previously fit, active and independent lady needing help with every day activities and taking regularly medication that was never needed before the accident. The accident also highlighted signs of degenerative change in Hanorah’s lumbar spine and hip and has accelerated the onset of symptoms by 18 months to 2 years. BMBC denied liability, despite accepting that some “vegetation had encroached over the fence on to the footpath”, and despite feeling that it had to severely cut back this plant, which is particularly fibrous and has the habit of wrapping around legs, since Hanorah’s accident. I believed that the council was liable and issued court proceedings. The council has since seen sense and has agreed a substantial compensation figure with Hanorah. Had the council dealt with Hanorah’s complaint sensibly in the first place, it would have saved itself a lot of time and money by offering an apology and an amount to cover the costs she had incurred. As it is, BMBC has incurred hefty costs as well as the compensation.
Unfortunately this case is a sad reminder that new regulations that may come into effect changing the rules on claiming compensation are likely to stop people like Hanorah getting proper access to justice – highlighting that the idea that a lawyer is not needed in such cases is clearly nonsense.”
Hanorah says “The accident totally disrupted my life. I lost my independence and felt aged overnight. I had previously been fit and able to do all my work myself. Now I have to rely on frequent help and take medication all the time. I am so pleased that Jonathan took up my case. I was really annoyed that the council just brushed me off and felt that it had an obligation to make some amends for an accident that simply wasn’t my fault. Jonathan has been really helpful all the way through this case and I am very pleased with the compensation that he has achieved for me. It will definitely go some way to covering all the costs that I have incurred and am still having to pay.”
Jonathan can be contacted at Graysons WE on 0114 358 9009 or by email at jonathan.west@graysons.co.uk
