Last updated on June 29th, 2016 at 01:14 pm

Boardwalk at Holt Island Nature Reserve

The boy, who was 8 years old at the time of his leg injury, was visiting the nature reserve with his grandad.  They had been walking around the wooden walkway that goes around the island for about 20 minutes.  The boy was walking slightly behind, when all of a sudden his grandfather heard him cry out and turned to find his grandson had fallen off the walkway.  The boy was screaming that his leg was hurting.

Leg injury required stitching

His grandfather pulled him back to the path and a lady who was working at the sea scout hut, and who had heard the screaming, ran to them and took them back to the hut where they could see blood pouring from the boy’s leg.  An ambulance was called and he was taken to Addenbrooks Hospital, where he stayed overnight and had the wound stitched.

Metal bracket at Holt Island Nature Reserve

No warnings of dangerous conditions

When he fell, the boy had caught his leg on a metal bracket.  His grandfather visited the park the following day and discussed it with the head ranger, who suggested that these brackets should perhaps be covered with wood (although they have not to date).  There were no warning signs to stay away from the edge of the walkway at the time of the boy’s leg injury, but they were erected the day after his accident.

Graysons pursues council for compensation due to negligence

The boy’s mother contacted Graysons to see if we could help get some redress for the accident and Jonathan took up the case.  He contacted Huntingdonshire District Council, claiming that the council exposed the boy to foreseeable risk and had breached its statutory duty in that it had failed to:

• install handrails and edge-boards
• mark the edge of the boardwalk so that it was obvious
• warn people about the dangerous conditions (by use of signs or otherwise)
• cover exposed metalwork
• investigate and act upon 2 previous similar incidents
• look after the safety of visitors

The council refused to accept liability and Jonathan issued court proceedings.  However, the council settled the claim shortly before the court case came up and Jonathan negotiated a settlement of £4,500.

No legal help if Government imposes changes

In its autumn statement last year, the Government announced proposed changes to claiming personal injury compensation this year. The planned changes are to:

• Raise the small claims limit for personal injury claims from £1,000 to £5,000, which means that claims of less than £5,000 will be transferred to the small claims court and solicitor fees will not be recoverable – leaving some injured people with no legal help or support, and
• Remove the right to compensation for ‘minor’ soft tissue injuries (includes whiplash)

Jonathan West

If these changes go ahead as planned, Graysons’ experts would not have been able to help the boy as his claim was for less than £5000 and he would have had to make the claim, with no legal knowledge or expertise, himself, in the Small Claims Court.  Given that the council so strenuously denied liability, this would have been very difficult and would most likely have put the claimant off completely.

We think that these changes are unfair and will restrict people’s right to proper redress if they have an accident or injury that is not their fault.

Graysons will continue to help victims of personal injury claims wherever possible so please do contact our specialist team now if you need help.