GMB member wins compensation after pothole fall21 September 2012
Tripped as she was crossing road
A GMB member who badly damaged her leg after a pot hole caused her to fall on top of a trolley full of supplies was awarded £2,000 by Nottingham County Court.
The 38-year-old from Nottingham was left suffering from severe bruising to her left leg after the accident .
The Eon worker was pushing a trolley from one office building to the next to replenish first aid equipment supplies. She pushed the trolley off a dropped kerb and as she was crossing the paved road the trolley’s wheels became caught in a hole, created by a gap in the paving stones, and it fell forward.
She fell on top of the trolley in the road causing damage to her leg.
Thompsons Solicitors made claim for compensation
Following her accident the GMB advised her to claim compensation and put her in touch with their lawyers, Thompsons Solicitors.
Thompsons identified that responsibility for the drop kerb and stretch of road belonged to Nottingham City Council. The council refused to take responsibility for the accident and the case went to court.
Thompsons argued that the council’s programme of inspection should have highlighted the pothole and arrangements should have been made to repair it. In the meantime it should have been cordoned off.
Judge Hale ruled that Nottingham County Council was liable for her accident and awarded her £2,000 in compensation .
Council should have done more to ensure this accident was avoided
The member said: “My leg was really painful following my accident and stopped me doing lots of social activities for a number of weeks such as going to the gym.”
Andy Worth from the GMB said: “Nottingham County Council were liable for this accident but chose to fight it every step of the way. This member was minding her own business when she ended up being injured. It is only just she is compensated. “
Bernadine Bell from Thompsons Solicitors said: “We gave Nottingham County Council every opportunity to admit liability and settle this claim but they were determined to take this to an expensive court appearance. There was no doubt in our minds that the court would agree that the council should have done more to ensure this accident was avoided.”
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