Accident in a public place*. Left wrist fracture and knee bruising.
Case Study– Accident in public place – fracture
On 17th September 2019 fifty-eight-year-old Maria tripped and fell on an uneven footpath while walking down a street in Dublin. The accident* happened when Maria was going home from a pharmacy. There was a slab missing from a path where there was a small stump of a tree sticking out. She caught it with her toe and fell on her outstretched hands and onto her left knee. The accident* happened during the late hours of the day.
Liability
Maria provided us with a photographic evidence showing a slab of concrete removed from a footpath. At the time of the accident* it was quite dark, and the lighting was poor. There was a witness who saw what happened and provided a supportive statement. It was likely that the Dublin City Council would deny liability in this matter and seek to place some of the responsibility for the accident* on Maria.
Injuries suffered
Maria sustained a left wrist fracture and bruising to her knee.
Treatment and effect
Maria`s wrist swelled up and she began suffering from pain that night. She attended Beaumont Hospital in Dublin on the morning of the next day where her wrist was examined.
She had an X-ray of her left wrist taken which showed a fracture injury. Maria was given painkillers and her wrist was put into a back slab. This was followed by a brace for 6 weeks. Maria was referred to a Fracture Clinic, had 2 other x-rays taken and attended 2 visits with a Consultant Orthopaedic Surgeon.
Case Progression
Case was lodged to The Personal Injuries Assessment Board (PIAB). We obtained a medical report from the Consultant in the Emergency Department in Beaumont Hospital. We also consulted an Engineer regarding the place of accident to establish the liability. An application was submitted to PIAB and Maria attended a medical appointment scheduled by them. She submitted her receipts for medical expenses and travel costs which were forwarded to PIAB as part of her special damages. PIAB made an assessment in respect of Maria’s case. At that stage we met with Maria to discuss the assessment and her condition after the accident*. While she still has had some complaints, in general she was happy with recovery and felt that she would be fully recovered shortly. We discussed liability for the accident*. Maria took our advice and accepted the assessment, as did Dublin City Council. The matter was resolved without needing to issue Court Proceedings.