Personal injury claims

[helpmeunderstand]

My 15 year old son was messing about and decided to hold on to a 5ft wall as a prop to step down when the top part of the wall collapsed resulting in a broken left leg and a fracture to the right ankle. On inspection of the wall on the floor the concrete mix did not look normal so at a later date i sent off for analysis and they confirm that the mixture was not following the building regulations,

We have put a claim in against our local council who own the house and footpath that joins to the wall, who have now just came back with a Denial of Liability on the grounds that my son was trespassing and in their opinion despite that the wall had been repaired on numerous occasions (they admit it) that the feel that the wall was safe, also they have totally ignore the fact that the neighbours of the house who came to assist at the time of accident and i provided as a witness, had stated to myself that they had told there children to stay away from the wall as it was unsafe (i believe it had cracks in the concrete prior to it coming down).

We are fighting this case ourselves, so are looking for advise as to the next step (obviously we are going to provide them with our findings from the report that they are unaware we have had undertaken) and can they state that a child was trespassing he was only pulling himself up the wall he had not intention of going into the garden just showing off in front of his freinds. We are aware of the Occupiers’ Liability Act 1957 (the common duty of care), but is this relevant to our case?

Any advise would be gratefully received as in an case studies relevant to these details that can be also provided.

[Peridot]

Re: Personal injury claims

Hi helpmeunderstand,
Kids can't help themselves can they! It is usual for the Local Authority to deny liability but before we can see if this is something you need a bit more help with it would be useful to have some further details.
So your son was trying to jump up the wall rather than over? To achieve what, sit on it or just larking about generally? Was there anyone else with him?
Sorry can you explain a bit more about the location of the accident.
Am I right that your son was walking down a footpath and in 'showing off' he tried to jump the wall alongside a property that you don't own?
The property is owned by the local authority and let to tenants? Is this correct?
The tenant's at the property appear to know the wall was an issue. When did they last report it to the Council and when was it last repaired?
Have you sought any legal advice. Law firms will normally operate under a no win no fee. Or have you sought advice and they advised you would struggle in the claim?
Once I have a better understanding we may be able to point you in the right direction.

[helpmeunderstand]

Re: Personal injury claims

Yes he was larking about, showing off to friends and he was not out to jump on top of the wall and walk along the wall or enter the premises but to just climb down to the public path from a 21” high embankment wall that stands some 39” in front of the 68”. The land is public open space leading down to a subway underpass.
The tenant of the council owned property said he had reported the walls many times for repair over the past 30 years to the council who had repaired it but a blind man could had done a better job of the repairs.
We looked at no-win-no-fee and came to the conclusion that we could end up being sold short for a quick profit by semi-skilled negotiators and if the case ended up- in court then we are effectively left to deal and finance a lawyer ourselves so think we will go Litigator in person route.

[helpmeunderstand]

Re: Personal injury claims

Peridot - Yes he was larking about, showing off to friends and he was not out to jump on top of the wall and walk along the wall or enter the premises but to just climb down to the public path from a 21” high embankment wall that stands some 39” in front of the 68”. The land is public open space leading down to a subway underpass.
The tenant of the council owned property said he had reported the walls many times for repair over the past 30 years to the council who had repaired it but a blind man could had done a better job of the repairs.
We looked at no-win-no-fee and came to the conclusion that we could end up being sold short for a quick profit by semi-skilled negotiators and if the case ended up- in court then we are effectively left to deal and finance a lawyer ourselves so think we will go Litigator in person route.

[Peridot]

Re: Personal injury claims

Hi,

Does the tenant have insurance? There is of course no point in suing someone who has no assets or insurance. Did the lawyers offer to take the claim on?

I'm sorry you feel the lawyers wouldn't be on your side. I would say that in order for lawyers to take on the claim they have to assess the claim as more likely than not, to succeed. Generally they will offer to act under a no win no fee. They are entitled to a percentage of the damages achieved if successful, since the rules changed, however few firms do this.

You would be responsible for the insurance premium that would be required to cover the disbursements (medical records and reports and Court fees) and the costs and disbursements of the defendant, in the event you were unsuccessful. Of course as litigant in person the same applies. You would still be responsible for any disbursements and potentially the costs and disbursements of the Defendant if you don't win. The full costs and disbursements of the defendant can easily reach the thousands and escalate very rapidly if the matter gets to Court. This is why the lawyers weigh up the risk of pursuing the claim and being unsuccessful.

Claims against a Local Authority are difficult. You need a lot of evidence relating to the issues with the wall, the history of complaints and repairs, before you can even decide if the LA may be liable. If, for example there had been no complaints in the year before the accident, how would the Local Authority know there was an issue with the wall? You have had a report prepared but when was the wall repaired and was it the Council's responsibility to sign off on this or did the owner have the repairs carried out. Is the LA the correct defendant? Should it be the tenant, the builders who repaired the wall or the LA?

I really would recommend obtaining a specialist personal injury lawyer to assess the likelihood of your being successful in this claim. If you didn't like the people you approached previously, shop around. Look for a firm who is a member of the Association of Personal Injury Lawyers (APIL): http://www.apil.org.uk/injury-lawyers/trip-slip-lawyer and the Law Society's personal injury accreditation: http://solicitors.lawsociety.org.uk/...True&Language=

They will have your son's best interest at the fore. No lawyer is going to recommend fighting a battle that you are unlikely to win. The time limit for your son bringing a claim will be three years after your son's 18th birthday (so his 21st). I appreciate this doesn't assist you in the short term, for any losses that may have been incurred, but without knowing whether it is likely the LA would be to blame or another defendant and them admitting liability (which is unlikely at this point) no defendant would consider any claim for losses.

Occupier's liability claims are not straightforward particularly against the Local Authority, if they are the correct defendant. There may also be arguments that your son 'contributed' to his injuries in his actions. Keep all receipts for items purchased as a result of his injuries, eg tracksuit bottoms to wear over plaster, taxi/travel to appointments. Any loss of earnings for yourself/partner should also be logged. I am not saying you will succeed in this but if you are successful in obtaining an admission of liability, you will need documentary evidence, medical reports, receipts, pay slips etc to back any claim for damages.

I hope your son is recovering well and doesn't have too many lasting problems as a result of his injuries.

[Peridot]

Re: Personal injury claims

Oops posted twice