Fieldfisher took over the case from another firm of solicitors almost three years after the accident. When Charlotte become involved in the case, all four of the defendants had denied liability and very little progress had been made both in the case and the claimant's recovery. Charlotte quickly issued court proceedings, firstly to protect the claimant's position regarding limitation, but also to force the defendants to engage with the case.
The case was difficult on liability. It was not clear who owed the claimant a duty of care and particularly, who was responsible for cleaning and maintaining the toilet block, given the claimant was attending an outdoor event at the time of the accident with several different parties involved in the ownership of the event site, the running of the event and the toilets.
The defendants alleged that safety matting had been used and wet floor signs displayed in the toilet block. They also argued that the claimant had not taken reasonable care to ensure her own safety and that there should therefore be a reduction in the damages awarded.
On the facts in this case, the defendants argued that the claimant should have noticed that the floor was wet and therefore slippery, so should not have used the facilities. The claimant's case was that the defendant failed to ensure the facilities were safe for people attending the event.
The claimant's recovery was complicated due to a non-union of her fracture, which prolonged her recovery and meant her mobility was restricted and caused her considerable pain. She underwent further surgery, over three years post-accident, as a final attempt to rectify this and thankfully it was successful.
Despite the issues on liability, Charlotte was able to resolve the claim for the Claimant, providing her much relief and helping her move on with her life and put the litigation behind her.
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