Local woman recovers £11,000 in damages from Wakefield Council

Published: 9th March 2017

In August 2011 a grandmother was playing with her four year old granddaughter in a local park. As they made their way to a climbing frame the grandmother tripped in a deep hole in the ground which was around 2ft x 2ft. in an effort not to fall on her granddaughter she stumbled forwards to try and grab a nearby see-saw, ultimately wrenching her shoulder.

The Council admitted that the hole had been present for a considerable period of time and that they should have repaired it before the accident had happened. They also said that although the hole was a hazard, she should have seen it and was therefore responsible for the accident.

After negotiation, it was agreed that 5% of the claimant’s damages should be deducted from her claim for her contribution to the accident.

Despite repeated attempts at settling the claim with the Council, they refused to admit that the accident had ever even happened. This is despite having no evidence whatsoever to suggest it didn’t. On the contrary they were presented with a witness and GP records noting the accident. Therefore we issued court proceedings. It was only at this point that the Council made any proposals for settlement. The case settled within six weeks of proceedings being issued.

The claimant had damaged her right shoulder which made it difficult for her to do any tasks above head height requiring any strength in the shoulder. The orthopaedic consultant who assessed her thought that she would have developed it anyway but not for another six years or so.

Her claim was settled for £11,000 which included the cost of paying a window cleaner, someone to help with the housework and someone to help with painting and decorating because she could no longer do these things herself since she hurt her shoulder.

Liddys Solicitors represented her. Actions against the local authority are full of difficulties. If the claim is to succeed, the solicitor will need considerable experience. At Liddys Solicitors you are guaranteed to see a solicitor with between six and twenty years’ experience.

If you have need of a solicitor in an action against the local authority, in a road traffic accident, in accidents at work or in clinical negligence matters, please telephone us on 01924 780 753.