Ms Helen McLuckie received £13,500 in compensation after suffering injuries in a trip accident in a workplace car park in Glasgow. Thompsons Solicitors Scotland pursued the claim after her union referred her for legal support following the fall caused by a raised paving slab.

What happened

On 21 March 2019, Ms McLuckie had finished her shift at the Glasgow Association for Mental Health, based in Alexandra Parade, Glasgow.

After work, she left her car parked in the workplace car park and went to visit a relative at a nearby hospital. When she later returned to collect her vehicle, it was dark and there was no direct lighting in the car park area.

As she walked along the pavement walkway beside the car park barriers, Ms McLuckie tripped on an uneven paving slab. The raised slab caused her to lose her footing and she fell forward onto the pavement, landing face first.

Her lip began bleeding heavily immediately after the fall. A driver attempting to leave the car park witnessed the incident and stopped to assist her, helping her back to her car.

Injuries and Impact

Although Ms McLuckie did not seek medical treatment that evening, the fall caused several injuries.

She suffered a mouth injury that resulted in two chipped lower teeth and a fractured tooth in her upper jaw. Significant dental treatment was required to repair the chipped teeth and replace the fractured tooth.

She also sustained a hand injury and soft tissue injuries to her neck as a result of the fall.

What went wrong

After the incident, Ms McLuckie and a colleague inspected the area where the accident occurred. They discovered that one of the paving slabs was raised by approximately four centimetres.

It later emerged that the building manager had been aware of the raised paving slab prior to the accident but had not placed any warning signage or cones to alert people using the car park walkway to the hazard.

Legal Approach

Thompsons’ specialist accident lawyers pursued a personal injury claim against the building owners responsible for managing the car park.

Liability for the accident was admitted.

Expert medical evidence was obtained from a consultant orthopaedic surgeon and a consultant in restorative dentistry to assess the injuries sustained by Ms McLuckie.

Outcome

The defender initially offered £10,000 to settle the claim, which Thompsons rejected on Ms McLuckie’s behalf.

When the defender refused to increase the offer, Thompsons raised court proceedings in the All-Scotland Sheriff Personal Injury Court. A further offer of £11,000 was also rejected after discussion with the client.

Following continued negotiations, Thompsons secured an offer of £13,500 compensation, which Ms McLuckie accepted. Settlement was agreed on 14 June 2022.

What this case shows

This case highlights how poorly maintained walkways and unaddressed hazards can lead to serious trip accidents, particularly when areas are not adequately lit.

It also demonstrates the importance of holding property owners accountable when known hazards are not addressed. Thompsons’ work ensured that Ms McLuckie was able to pursue and secure compensation for the injuries she suffered.

Anyone injured due to unsafe premises may be able to pursue a claim through specialist solicitors, including under a No Win No Fee arrangement. For further advice about your situation, you can contact Thompsons to discuss your claim.