The Claimant was 71 at the time of the accident and had parked in the disabled car parking area in Asda, Leamington Spa and was walking towards the pavement to gain access to the store. As she went to step up onto the pavement her left foot became caught in the drain cover next to the kerb and she fell to the floor suffering a sprained wrist and a rotator cuff tear that required surgical intervention.
Liability was initially denied by the Defendant’s but on further investigation it was discovered the height of the kerb had been assessed as a potential hazard and following the accident a metal railing had been erected to prevent visitors from using this part of the pavement.
This was sufficient to obtain a full admission from the Defendant’s and the claim eventually settled in the sum of £16,500.