Our Client tripped over a broken paving stone
outside his flat one night when returning home. He fell forwards
hitting his head on his doorframe. Our Client suffered double
vision for 7 months that kept him off work, headaches and
superficial bruising and grazing which cleared in a matter of
weeks.
The Defendants, the London Borough of Camden,
argued that as Client owned the flat, they were not responsible for
the path leading to it. The lease of the premises was considered
and contrary to the Council's submission, responsibility appeared
to remain with the Council. The Council also argued our Client was
partly to blame because he lived so near the defect that he should
have known of it and tried to avoid it.
Proceedings were issued in Central London
County Court and the Council filed a defence disputing
liability.
The Council eventually agreed to settle the
claim without an admission of liability.
A loss of earnings claim was submitted for the
7 months that our Client was unable to work. The London Borough of
Camden, who our Client also worked for, had already paid sick pay
so the loss of earnings was just the balance of his pay.
The claim was settled for a global figure of
£5,500.
Hodge Jones & Allen
January 2003