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Thompsons Solicitors Scotland secured a significant settlement for Carol, a UNISON member who suffered a serious wrist and arm injury after falling on uneven, poorly maintained ground near her home in the Scottish Borders.

This public liability claim was handled by Nathalie Axelsson of Thompsons Solicitors Scotland. Carol was injured after tripping on a dimly lit path behind in the Borders. The surface had become uneven due to raised tar caused by tree roots from sea buckthorn in the area. Scottish Borders Council admitted liability, and Thompsons secured a significant settlement for Carol.

A Fall That Changed Carol’s Daily Life

Carol was walking her dog near her home at around 8.15pm when she tripped and fell on an uneven path. The area was dimly lit, and the path surface had become raised and hazardous.

Carol was alone when she fell. She was unable to put pressure on her hand to get herself up properly, but managed to make her way around half a mile back home. By the following morning, it was clear that she had suffered a serious injury.

She attended Borders General Hospital, where an X-ray confirmed a fracture to her left wrist. Carol was placed in plaster and later admitted for surgery. By the time she was admitted, the bones had already started to knit together, meaning her wrist had to be re-broken before it could be fixed.

Serious Wrist and Arm Injury

Carol’s injury had a major impact on her independence, work and quality of life.

She continued to receive physiotherapy and experienced ongoing pain in her wrist and shoulder. The injury affected everyday tasks many people take for granted, including dressing, driving, lifting, opening jars and household chores. Her husband had to provide additional help and support while she recovered.

The accident also affected Carol’s family life. Her grandson was born around the time of the accident, but she was unable to lift or hold him properly because she could not weight bear through her injured arm.

Forced to Rethink Work and Retirement

Before the accident, Carol worked as a Service Support Officer, a role that involved a significant amount of typing. Although she returned to work on a phased basis, she struggled with the pace of the job and the physical demands of sitting and typing for long periods.

The ongoing pain and impact of the injury contributed to Carol’s decision to take early retirement. Before the accident, she had expected to continue working until the age of 66.

Losing Confidence and Missing Golf

Carol had always been active and particularly enjoyed golf. After the fall, she was unable to return to golf in the way she had before. This had a major effect on her confidence, routine and social life.

Golf had been an important part of Carol’s life. Being unable to play left her feeling isolated. She also became more anxious about walking outside, particularly when taking her dog out.

Liability Accepted by Scottish Borders Council

Carol complained to Scottish Borders Council about the condition of the path. Although there was initially some uncertainty about who was responsible for the land, the matter was pursued and liability was eventually admitted.

The Insurance company, acting on behalf of the Council, confirmed that liability was accepted and requested medical evidence. Thompsons then progressed the claim and secured a significant settlement for Carol.

Thompsons Supports UNISON Member After Serious Fall

This was a UNISON case, and Thompsons Solicitors Scotland was proud to support Carol in pursuing compensation after an accident that had a serious impact on her life.

As specialist personal injury solicitors in Scotland, Thompsons regularly acts for union members and individuals injured in public places. This includes claims involving uneven pavements, poorly maintained paths, defective surfaces and local authority liability.

Nathalie Axelsson of Thompsons Solicitors Scotland said:

Nathalie Axelsson
Associate
Associate

“Carol’s accident had a serious and lasting impact on her independence, her work and the activities she loved, particularly golf. This case shows why it is so important that public paths and walkways are properly maintained. Where hazards are allowed to develop and someone is injured as a result, those responsible must be held accountable. We were pleased to secure a significant settlement for Carol and help her move forward after such a difficult experience.”

- Carol praised the support she received from Nathalie and Thompsons throughout the case. She said:

“Nathalie was absolutely amazing  professional throughout. If I ever needed anything, I would just phone Thompsons and get straight through to her and she would help. She’s been absolutely tremendous. I cannot fault her.”

Why This Case Matters

A fall on uneven or poorly maintained ground can have serious consequences. What may appear to be a simple trip can result in fractures, surgery, ongoing pain, loss of confidence and major disruption to work and family life.

For Carol, the accident affected her independence, her ability to work, her confidence outdoors and her enjoyment of golf. It also meant relying on her husband for help with daily tasks and missing out on precious moments with her young grandson.

This case also shows the importance of speaking to specialist personal injury solicitors where a local authority, insurer or landowner is involved. Thompsons investigated the circumstances, obtained the necessary evidence and secured a significant settlement after liability was accepted.

Injured After a Fall in a Public Place?

If you have been injured after tripping or falling on uneven ground, a defective pavement, a poorly maintained path or another public hazard, you may be entitled to claim compensation.

Thompsons Solicitors Scotland are specialist personal injury solicitors in Scotland. We help clients pursue claims involving public liability, local authority accidents, workplace injuries, road traffic accidents and serious injury claims.

We can help with claims involving:

  • falls on uneven pavements
  • accidents on poorly maintained paths
  • defective public walkways
  • local authority liability claims
  • serious wrist and arm injuries
  • loss of earnings and early retirement
  • care and assistance provided by family members
  • union member personal injury claims

If you have been injured through no fault of your own, Talk to Thompsons. Our team can explain your rights, investigate your claim and fight to secure the compensation you deserve.

Frequently Asked Questions

Yes. If the path was unsafe because of poor maintenance, raised surfaces, defects, poor lighting or another hazard, you may be able to claim compensation from the person, organisation or local authority responsible.

Yes. If a council was responsible for maintaining the path and failed to deal with a hazard that caused your accident, you may be able to make a claim. In this case, Scottish Borders Council admitted liability.

Falls on uneven ground can cause fractures, wrist injuries, arm injuries, shoulder injuries, back injuries, soft tissue injuries and long-term pain. In more serious cases, an injury can affect work, mobility, independence and hobbies.

If your injury affected your ability to work and contributed to early retirement, this may form part of your claim. Compensation can include loss of earnings, future financial loss and the wider impact on your life.

Yes. Thompsons Solicitors Scotland has a long history of representing union members across Scotland, including members injured at work, on the road or in public places.

Carol’s claim was handled by Nathalie Axelsson, Associate of Thompsons Solicitors Scotland.

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