£7,000 awarded as a result of scalding
The male claimant was awarded £7,000 in damages for injuries caused by scalding.
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The claimant was aged 29 at the time of the accident and was severely disabled, suffering with cerebral palsy and hydrocephalus.
At the time of the accident the claimant had been at a day centre where he was being cared for by the defendant.
The accident occurred when, contrary to the claimants care plan, a staff member left him with a hot cup of tea to drink and he spilt it over himself. He sustained burn injuries to his neck, the left side of his abdomen and his left thigh.
The claimant was taken to hospital where his wounds were dressed and he was discharged. His family provided the necessary care and applied cream to the blistered scalds.
The claimant was distressed and tearful at not being able to attend the care centre for nine weeks due to his injuries.
In an expert report prepared by a plastic surgeon it was advised that there were both deep dermal and superficial scars. He stated that the drink that was given to the claimant must have been excessively hot and that it would have caused tremendous pain.
The claimant was left with scarring under his neck, by his left armpit, on his lower abdomen and on his left thigh. The scarring on his neck was measured at about 12cm by 4cm and on his thigh at 25cm by 9cm. These were considered to be widespread.
Conclusion and Settlement
The claimant was aged 32 when the matter went to trial and he had no awareness of the scars. Although they no longer caused him any discomfort the Judge accepted they were likely to have caused extreme pain at the time. He noted that due to the claimant's disability he would have been at a disadvantage in telling others about the level of pain he was suffering.
Total damages of £7,000.00 were awarded to the claimant.
£6,000.00 of the total damages were in respect of pain, suffering and loss of amenity.
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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.