Injury Expert Welcomes Appeal Ruling On Fall

Woman Needed 11 Days In Hospital Following Thigh Fracture

08.07.2011

An expert at Irwin Mitchell has welcomed an appeal ruling which means a woman who suffered a serious leg injury can gain justice following the problems she has suffered.

Karen Dalton of Nottingham suffered a spiral thigh fracture and needed to spend 11 days in hospital following the incident in October 2006, which occurred when she fell after tripping on a loose paving stone in Beeston Square.

Now, three judges in the Appeal Court have dismissed Broxtowe Borough Council’s claims that it was not in the public interest to compensate Mrs Dalton following her accident.

According to the ruling, the local authority should have anticipated the potential danger of the block coming loose in such a popular public area.

The decision has been welcomed by injury experts at Irwin Mitchell, who act for a number of people who have been injured in public places due to safety failings and the negligence of local authorities or other organisations.

David Urpeth, partner at Irwin Mitchell who specialises in public liability claims of this kind, said the ruling signalled to local authorities that they should not ignore the importance of safety in public places.

He said: “The woman involved in this case had to spend 11 days in hospital, which will have undoubtedly impacted on her life, so it is only right and just she should be able to seek justice over an entirely preventable incident which should have been avoided.

“This ruling is vital as it demonstrates to councils their duty to do everything they can to protect people from danger and - in this case - serious injury.

“Lessons must be learnt from this if public safety standards are to improve in the future and I would urge all councils to be fully aware of their responsibilities when it comes to the maintenance of popular public areas.”