Kechia Hutchinson

Ms C, was walking along High Street in Milford on Sea, Lymington.  As she walked past a service station, called The Garage, her foot fell into a pothole, which caused her ankle to roll, and she fell to the ground. She was taken to Lymington Urgent Treatment Centre, where x-rays were taken.  No fracture was found, but Ms C’s ankle was badly sprained.  She had also exacerbated a pre-existing hip injury.

After about a month, Ms C was still in severe pain and attended the hospital, where further x-rays confirmed there was no fracture, but she was fitted with a splint and given crutches. She was asked to attend the fracture clinic for physiotherapy as she was still in pain, and her ankle was still swollen.

Around four months after the accident, when she was still in pain and on sick leave from work due to the accident, Ms C contacted Graysons to see if she could claim compensation for the injury.

Kechia submitted a claim against Hampshire County Council. It requested further information, such as a marked map and direction of travel. This was provided, and the council denied liability on the basis that an engineer had attended the scene just before the woman’s accident and again just after, and the pothole did not meet the definition of a safety defect within its policy. The council also provided information regarding its policies and procedures, which included inspection and maintenance records, records of previous complaints and its inspection manual.

However, the council also argued that the land was owned by The Garage, not the council itself, and so, to avoid any delay with the matter, Kechia redirected the claim to The Garage to get its formal response.

Kechia instructed an orthopaedic surgeon to obtain specialist medical evidence.  He gave a prognosis of two to four months for the ankle injury and accepted that Ms C needed some care and assistance during this time.

On review of the evidence provided by the client, including measurement photographs, it was found that the pothole did, in fact, meet the council’s definition of a safety defect.  Also, a Land Registry map search did not support the council’s argument that the land was private and belonged to The Garage. Kechia put this information to the council.

Following this, Hampshire County Council advised that after further consideration of documents and our correspondence to them, liability was now admitted.  An allowance for care and assistance was included in the claim made to the council, and Kechia was able to negotiate a settlement of almost seven thousand pounds, which was accepted by the client.

If you have had an accident in a public place, and you think that it was caused by someone else’s negligence, contact our personal injury experts now.  We will assess your case, free of charge, and advise on the likelihood of success.  If we can take on your case, we will offer you a no-win, no-fee arrangement.

Author: Kechia Hutchinson, personal injury executive