Child Injured In BMX Accident
Katrina Elsey from Sheffield’s Public Liability Team has settled a claim on behalf of a Child Claimant who suffered an accident on 20 August 2005 at Concord Park in Sheffield.
Our client aged 12 at the time of the accident was travelling through Concord Park on his BMX bicycle. As our client cycled over the grass he came to a gap in the fence and noticed a wooden pole on the ground. Our client steered around the pole and as he did, the front wheel of his bike went into a large hole in the ground. Accordingly, our client fell to the ground sustaining soft tissue injuries to his mouth, face and neck.
A claim was brought against the Sheffield City Council. It was alleged that the Sheffield City Council failed to take reasonable care for our client’s safety by failing to fence off, guard or fill the defect.
The Sheffield City Council admitted primary liability for our client’s accident but argued that our client should be held 50% contributory negligent for his accident and that he should have taken more care when riding his BMX. After negotiation, it was agreed that our client would be held 20% contributory negligent for his accident.
Medical evidence was obtained from a Consultant in Accident and Emergency Medicine confirming that our client suffered injury to his mouth with the lower lip being torn on its inner surface.
The liability split of 80/20 in our client's favour was agreed at an infant settlement hearing and our client was awarded £2,750 in compensation which has been invested by the Court Funds Office until the Claimant reaches the age of 18.
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