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Thompsons’ personal injury solicitors secured £35,750 in compensation for a council employee who suffered a serious ankle injury after slipping on water on the floor of a sports hall at Larkhall Leisure Centre in South Lanarkshire. The claim was pursued after the injured party was referred to Thompsons by his union, Unite.

What happened

In October 2018, the claimant, a clerk of works for South Lanarkshire Council, attended Larkhall Leisure Centre in Broomhill to play five-a-side football. He regularly booked the sports hall and was very familiar with the venue.

When he arrived for the game, he noticed a number of puddles of water on the sports hall floor. This was an issue that had occurred regularly and had previously been brought to the attention of leisure centre staff.

On previous occasions, the claimant and other players had attempted to dry the puddles themselves using towels.

As the game began, the claimant slipped on a wet area of the floor and fell to the ground. He immediately realised he had suffered a serious ankle injury. First aid facilities at the sports hall were limited, and his wife attended the site to take him to hospital.

The consequences

Our client attended the Accident and Emergency Department at Wishaw General Hospital where examination revealed significant ligament damage had occurred as result of the slip accident.

The ankle injury caused our client to suffer significant pain and he was unable to return to work for almost four months. He suffered continual swelling and pain for many months after the accident. He feels the injury has negatively affected many aspects of his day-to-day life.

In June 2019, our client underwent ankle surgery to repair the damage and, following this, he was unable to return to work for almost seven months.

Injuries and Impact

The claimant attended the Accident and Emergency Department at Wishaw General Hospital, where examination confirmed significant ligament damage to his ankle.

The injury caused substantial pain and he was unable to return to work for almost four months. He continued to experience swelling and discomfort in the months following the accident.

In June 2019, he underwent surgery to repair the damage to his ankle. Following the surgery, he was unable to return to work for almost seven months.

He continues to experience mild discomfort and scarring as a result of the injury.

What went wrong

Evidence gathered during the claim showed that the presence of water on the sports hall floor was a recurring issue.

Witness statements confirmed the condition of the floor on the day of the accident and that there were no staff members present at the time to report the issue to.

Information obtained through a freedom of information request also confirmed that the sports hall had experienced issues with its gutters prior to the accident.

Legal Approach

Thompsons Solicitors Scotland pursued a slip accident claim against South Lanarkshire Leisure and Culture Ltd.

When no liability decision was received, court proceedings were raised in the All-Scotland Sheriff Personal Injury Court.

Thompsons obtained witness statements regarding the condition of the floor and gathered additional evidence through a freedom of information request regarding maintenance issues at the leisure centre.

Specialist medical evidence confirmed that the claimant had sustained an inversion injury to his ankle which required surgery and would result in permanent scarring and ongoing mild discomfort.

Outcome

The defender initially offered £33,250 in settlement of the claim. After discussing the offer with the claimant, Thompsons advised that it should be rejected.

A further offer of £35,750 was later made by the defender. Of this sum, £17,865 would be paid directly to the claimant after deductions relating to a third-party claim by his employer to recover sick pay.

Following discussions with Thompsons, the claimant confirmed that he wished to accept the offer.

Thompsons secured £35,750 in compensation for the claimant and the settlement was agreed on 6 June 2022.

What this case shows

This case highlights the importance of maintaining safe conditions in public sports facilities. Hazards such as water on indoor playing surfaces can present a serious risk of injury if not addressed promptly.

Individuals injured due to unsafe premises may be able to pursue a compensation claim with the help of experienced accident lawyers. Thompsons can often assist clients through the claims process under a No Win No Fee agreement.

Anyone seeking advice after a similar accident can contact Thompsons to discuss their circumstances.

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