Mrs Holman was on holiday in Aberdaron, Wales with her husband. She was walking across a bridge that had no pavement, which meant she had to walk close to the wall on the tarmacked road. She did not notice a weep hole (a sunken uncovered drain) in the road and she fell into it.
Falling into weep hole causes injury
She was badly injured and was taken to hospital where it was confirmed that she had sustained:
- A fracture to the neck of her right femur (thigh bone) which necessitated a total hip replacement. Her right leg is now 9mm longer than her left leg. She may require revision of the hip replacement in 15 to 20 years.
- A fractured left ankle that required a plaster cast.
- A soft tissue injury to her right knee.
- A psychological injury that lasted for three to four months.
Personal injury results in early retirement
As a result of the injuries, Mrs Holman needed care and assistance for three months and had to have four and a half months off work. When she did return to work after the accident, she found that she was unable to cope and had to take early retirement at the age of 60.
Council denies liability
Knowing that the accident was not her fault, Mrs Holman contacted Graysons to see if she could make a personal injury claim. Jonathan took up her case. He contacted Gwynedd Council, but it denied liability for the claim, so Jonathan had to issue court proceedings. A three-day trial was planned at Wrexham County Court in June 2020, but the council decided to settle the matter and Jonathan was able to negotiate a substantial settlement. Mrs Holman was pleased with the result.
Gwynedd Council has now replaced the weep hole with a proper drain that has a cover and sits flush with the surrounding tarmac.
If you have had an accident on a road, pavement or other area for which someone else is responsible, contact our experts now. We will arrange a free of charge meeting in which we will discuss your case and advise on its prospects of success. If we take on your case, we can offer you a no win no fee agreement.
You can also find out more about claiming compensation for an accident on a public footpath or highway on our web pages.
Author: Jonathan West, partner and personal injury expert.