£8k awarded to woman injured in an office lift
Solicitors secured £7,935.25 for a 53 year old female claimant who sustained an injury in an office to her right arm which was trapped in a faulty lift door.
The lift door which was defective trapped the claimant by her right dominant arm. As she tried to pull her arm away she sustained an injury to her right shoulder and wrist.
The claimant took eight weeks off work. When the claimant returned to work she had a further ten weeks off in the following three months. The claimant also underwent a course of physiotherapy.
The claimant continued to experience symptoms including a swollen right wrist and wasting of the right deltoid muscles in her right shoulder together with restricted movement.
Housework was problematic for the claimant as well as using a computer and getting in and out of the bath. Eventually the claimant was diagnosed with a frozen shoulder and the combination of an injection and physiotherapy led to some improvement although two years post accident she still had some limitations.
It was alleged that the lift door was defective in that it trapped the claimant before she had time to exit the lift. The court held that the Workplace (Health, Safety & Welfare) Regulations 1992, Regulation 5 created an absolute statutory duty and proof that a defect in equipment had caused an accident would fix the employer with civil liability.
Conclusion and Settlement
The claimant's and defendant's solicitors entered into meaningful negotiations to try and reach an amicable settlement. This process was unsuccessful. The claimant therefore issued court proceedings in London in order for the Court to determine the level of damages to be awarded.
The claimant's case took three years to get to trial. At trial the Judge found that the claimant would make a full recovery within a further two year period. The claimant was also awarded a sum for gratuitous care provided by a friend. The claimant was awarded general damages in the sum of £7,935.25 and she further received sums for care and loss of earnings.