Claim for warehouse operative's swimming pool injury

Our client in this case, who was employed as a warehouse operative, was involved in an accident while at the Kilsyth Swimming Pool on 9 February 2017, which was a Thursday.

He had taken his two sons to the pool for swimming lessons. After they both had finished their lessons, our client decided to spend some time with them in the pool.

The flooring of the pool is made of tiles. Unknown to our client, there was a sharp edge on one of these tiles. As he stepped on the tile while trying to exit the pool, the sharp edge stabbed his right big toe, immediately causing it to bleed.

The consequences

The pool's lifeguard placed a plaster on our client's laceration injury. As he was a type-2 diabetic, our client was worried about whether he should visit the hospital. The lifeguard informed him that he only needed to go if the bleeding continued.

Therefore, our client simply returned home to rest his foot. He returned to work on the Sunday evening, where his union representative informed him that, as a type-2 diabetic, he should've gone to the hospital.

After his shift was over, our client visited the Minor Injuries Department at Stobhill Hospital. The staff there confirmed the wound had not become infected.

His foot was sore for a week following the accident, and our client took ibuprofen to help with the pain.

The discomfort meant he couldn't enjoy his main hobby, cycling, for one week, and he also struggled with any task that required standing, such as the ironing and showering.

The Settlement

The warehouse operative instructed Thompsons through his union, Usdaw. Our personal injury solicitors intimated a claim to North Lanarkshire Council, and the insurance company acting on their behalf admitted liability.

We instructed a medical report from a consultant in emergency medicine to help with our valuation of the claim. The report confirmed he'd sustained a laceration to his toe that required a recovery period of six weeks. We forwarded this report along with our valuation to the insurer, who put forward an offer of £2,100. We discussed this with our client, who felt it was fair and confirmed he wished to accept it, bringing the case to a close on 25 July 2017.

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