During May 2011 our client was working as a shop assistant for a Woollen Mill. After taking a garment to a customer in the fitting room, she was walking away when she caught her foot in the base of a running rail. The running rail was about five feet long by five feet high and had been left outside the fitting room not in its normal position and therefore our client was not expecting it.
As a result our client felt straight to the floor and was in considerable pain in her right knee, unable to support her weight on her right leg.
Our client was taken to Queen Victoria Hospital in East Grinstead by ambulance where she was examined. It was concluded the injury was too serious to be treated in their Minor Injury Unit and was therefore transferred by ambulance to Kent & Sussex Hospital in Tunbridge Wells. After undergoing an x-ray to her right knee, she was found to have broken her right kneecap in five places.
Our client underwent surgery the following morning and remained as an in-patient for seven days. Her leg was placed in a full length plaster cast for a period of six weeks after which her knee was placed in a Tubigrip bandage. She was required to use two crutches.
Following her accident our client was unable to walk, dance, play the piano or drive and she required assistance with household duties and personal care in order to wash and dress. She also had to move into a downstairs room at home as she was unable to use the stairs. The pain was worse for the first ten days following her accident and this affected her sleep. Our client has since been advised that she is likely to suffer from arthritis in her knee. She underwent a course of physiotherapy treatment.
Our client was absent from work for three and a half months, returning to lighter duties and reduced hours for a further two weeks before returning to regular work-related activities as before the accident occurred.
The defendant admitted liability and we helped our client recover £15,750 in an out of court settlement.
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