Thompsons secured £30,000 in compensation for a retired UNISON member who suffered serious slip and fall injuries after tripping on a pothole while walking through a ferry car park on the Isle of Lismore. The fall caused fractures to her shoulder and foot and resulted in a difficult recovery period.

What happened

In September 2021, the claimant was walking across the ferry car park on the Isle of Lismore as she made her way to the queue for the ferry travelling to the mainland.

As she approached the terminal area, she stepped onto the edge of a pothole in the car park surface. This caused her to lose her balance and fall onto her left side, striking her left shoulder.

She was unable to move and was in severe pain following the fall. Witnesses who saw the incident assisted her and helped her onto the ferry so she could travel to Port Appin to seek medical attention.

Injuries and impact

The claimant initially attended her local GP surgery where her foot was treated with a cold compress. She was then taken to Lorn & Islands Hospital for further examination.

X-rays confirmed that she had sustained a fracture to the left proximal humerus and a fracture to a metatarsal bone in her right foot.

She later attended the Royal Alexandra Hospital to discuss the possibility of surgery to replace the damaged shoulder joint with an artificial joint. However, because of her age and a recent heart attack prior to the accident, the risks associated with surgery were significant and she ultimately decided not to proceed.

During her recovery she wore a sling to support her shoulder and a moon boot to stabilise her foot while the fractures healed. She also attended physiotherapy.

The shoulder injury significantly restricted movement in her arm and made everyday activities difficult. She struggled with tasks such as showering, dressing and carrying out household chores. Her children helped prepare meals and assist with washing, and she was unable to drive for eight weeks.

Legal Approach

Thompsons Solicitors Scotland pursued the claim against Argyll and Bute Council, which was responsible for maintaining the ferry car park and repairing the pothole.

To assess the extent of the injuries, Thompsons arranged for the claimant to be examined by a consultant orthopaedic surgeon. The resulting medical report confirmed that the restricted movement in her shoulder was likely to be permanent.

This medical evidence was sent to the defender’s insurers as part of the claim.

Outcome

Following consideration of the medical evidence, the defenders made a settlement offer of £30,000.

Thompsons assessed the circumstances of the case and advised that the offer was reasonable, particularly given the likelihood that contributory negligence could be considered if the case proceeded to proof.

The claimant confirmed that she wished to accept the offer.

Thompsons secured £30,000 in compensation for the claimant and the case settled on 9 November 2022.

What this case shows

This case highlights the importance of properly maintaining public areas such as car parks and walkways. Hazards like potholes can present a significant risk to pedestrians if they are not repaired promptly.

People injured due to unsafe surfaces may be entitled to pursue compensation with the help of 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 situation.