Mr P was jogging back from an appointment to the train station, when he tripped over a raised water cover.
Due to the location of the accident, there were four potential Defendants, two Borough Councils, an airport and a utility company. Hayley sent Letters of Claim to all four. Eventually, one of the Councils accepted that the land was owned by them. Liability was denied, on the basis that they had routinely inspected and maintained that stretch of highway in accordance with their policy. Upon consideration of the disclosure documentation, Hayley successfully argued that the Council’s inspection and maintenance regime was flawed and inadequate.
The Council’s Highways Officer had indeed inspected that particular highway some 8 days before Mr P’s accident, when the defect was already actionable and should have been repaired in accordance with their own policy.
Mr P suffered a comminuted (multi-fragmented) intraarticular (involving the joint surfaces) displaced fracture to his wrist as a result of his fall. He had an operation to insert a metal plate. Mr P suffered from a significant reduction in his range of movement and so underwent further surgery to remove the metal work. Hayley negotiated a settlement of £40,000 for Mr P.