£16,000 awarded for trip on defective kerb stone
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The claimant was a passenger in a car. The vehicle stopped alongside the pavement. As he got out he stepped on a piece of defective kerb stone. The claimant fell to the ground twisting his ankle and knee.
The injuries were immediately painful. His ankle swelled significantly. The following day he attended accident and emergency. After X-rays soft tissue injuries to his knee and ankle were diagnosed. His leg was strapped and he was provided with crutches.
Physiotherapy treatment for his ankle was started. His job as a self-employed builder was physical. He was unable to work for four weeks.
On returning to work his knee symptoms worsened. He was forced to cease trading.
The man's ankle symptoms continued. He suffered tenderness and loss of movement in his ankle. His knee injuries were examined. The diagnosis was that the accident brought forward a condition he would have had in any event around 12-18 months after the accident.
Three and a half years after the accident the claimant had arthroscopic surgery on his knee. His symptoms improved but he was still unable to work.
It was alleged the defendant was negligent insofar as they failed to maintain the pavement.
The defective pavement caused the injuries suffered.
The claimant had suffered injuries caused by the accident. A pre-existing knee condition was accelerated 12-18 months as a result of the accident.
He was forced to abandon his business.
Conclusion and settlement
Liability was admitted and compensation of £16,000 was accepted by way of out of Court settlement.
£12,000 of the damages was attributed to "pain, suffering and loss of amenity." Loss of earnings and care costs were agreed at £4,000
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Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.