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Injury caused by fall due to lighting problem

You know, insurers would have everyone believe that they are  fair minded to a fault and that the process of making a claim following an accident is prolonged by the involvement of solicitors and indeed made more expensive by us too. That is certainly not our experience, and this case is testament to exactly that.

Knowing where your staff are at any given time, what they are doing, how they are doing it, and how you can make their life less prone to danger of injury is virtually a description of a “risk assessment”, in modern health and safety parlance.

This case amply demonstrates how a completely avoidable accident can occur which a common sense approach to the most elementary of risk assessments would certainly have prevented.

In this case, our client, Ms. P., a young single working mother, was asked by the manager of the pub where she was employed to collect various bottles of spirits from a walk in spirits cupboard within the cellar. In order to re-stock the bar. Importantly, the cellar and the room were illuminated by merely one electric light bulb in each. There were barrels in the cellar, close to the door to the spirits room.

While our client was in the room gathering the requisite bottles, it transpired that her manager entered the cellar for some purpose and dutifully turned off the light when he left.

You can probably guess what occurred next.

Upon exiting the spirits room, and carrying a heavy box containing the necessary collected bottles, she was suddenly and unexpectedly confronted by complete darkness and almost inevitably fell over the barrels in her way yet, remarkably and to her credit, managed to preserve the bottles intact, saving her employers a fair amount of money.

Unfortunately for our client, she sustained multiple minor injuries and a rather more significant injury to her left knee.

What did Lloyd Green, Solicitors do?

Ms. P contacted Lloyd Green for help since her employers were not prepared to accept responsibility.

We attended the pub to inspect its lay-out since this inspection informed and influenced how we would present the case to the employers, whose insurers were steadfastly continuing to deny liability for the accident.

We then arranged for the client to be examined by a specialist whose comprehensive report provided us with the evidence we needed to enable us to value the appropriate award for her injuries and attempt to settle her claim, to include her associated expenses, without the need to involve the Court.

The compensation process

 Regrettably, however, our client’s employers, her insurers, and then their solicitors, despite our best endeavours, continued to maintain that the accident was her own fault.

We therefore commenced formal legal proceedings against the employers since they disgracefully refused to enter into negotiations with us, and in order to avoid further delay.

Sadly, but all too familiarly, and as we advise our clients to anticipate, despite lodging a lengthy Defence document, disputing all the allegations that were made against them, and delaying matters even longer, settlement then followed, the employers making an offer of £3,525.00, or about 85% of the offer that our client had instructed us to make some 8 months earlier, well before the proceedings had been commenced.

Had the employers previously made any reasonable, sensible offer to settle the claim, we are confident that our client would have accepted it. The last thing she would have chosen was to have to take her case to Court.

Unfortunately, her employers/insurers/solicitors’ antics forced her to do so. All too typical of them, contrary to what this Government purports to believe.

Solicitor who handled the case

Nick is a partner and experienced and empathetic injury lawyer.

Nick is a partner and experienced and empathetic injury lawyer.

The client was represented by Nicholas Chatters, solicitor in charge of Lloyd Green’s personal injury and clinical negligence team

 More Information

If you would like information or advice in relation to a similar (or, for that matter, completely different) accident that you have had, please do not hesitate to telephone or email us.

Our solicitors will be more than happy to discuss your accident with you without any obligation whatsoever.