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News Desk | News Story
16th March 2011
Paraplegic injured by pothole fall
Broken hip caused by pothole accident
A Paraplegic who broke his hip when he was flung out of his wheelchair after it hit a pothole has received £80,000 in compensation.The 56-year-old from Aldershot was returning home from a night out at a concert with his brother when the accident happened in November 2005.
His brother was pushing him in his wheelchair over a dimly lit bridge on Church Lane in Aldershot when the chair’s front wheels suddenly hit the deep pot hole.
The chair came to an abrupt stop causing him to be flung out and his brother to almost fall on top of him.
Fractured hip required surgery
He is paralysed from the chest down after a motorbike accident when he was 16. His condition meant he couldn’t feel any pain so it wasn’t until the next day when his hip became swollen that he realised he was seriously injured.
He had fractured his hip and needed surgery to insert a metal plate. He later needed further surgery to remove the plate when it caused complications.
The accident meant he lost confidence in his wheelchair and now instead uses an electric wheelchair.
He said: “I’ve had to completely change my routine because I lost confidence in my wheelchair and I cannot risk a similar fall from happening. Potholes may be a common problem but for wheelchair users they are a dangerous hazard that we can’t always spot or avoid.”
Thompsons Solicitors made claim for compensation
Following the accident his brother, a train driver, reported the pothole and contacted his trade union, ASLEF, to enquire about claiming compensation.
Through the union friends and family legal scheme ASLEF instructed Thompsons Solicitors to pursue a claim for compensation.
Thompsons was successful in arguing that Hampshire County Council should have made sure the pothole was repaired or, at the very least, taken steps to make sure the pavement was safe.
Hampshire County Council admitted liability and settled the claim out of court.
ASLEF General Secretary Keith Norman said: “This case shows just how important our friends and family scheme is for members. We were able to give this member’s brother free legal advice allowing him to leave the legal arguments to our experts while he concentrated on recovering from the accident.”
Councils owe a duty of care to the public
Ben Simons from Thompsons Solicitors added: “Potholes are a common but dangerous hazard on our roads and pavements. Councils owe a duty of care to the public to ensure that roads and pavements are properly maintained.
“Councils often put forward a defence that they have a reasonable system of inspection and maintenance in place but our considerable experience is that those systems are often very poor.”
Personal Injury Compensation Claim
If you or someone you know has suffered an injury whilst using a public pavement or road, telephone us now for accurate claim advice.
There are strict time limits in place to make any personal injury claim. For further information, contact us or visit our Questions Answered page.
Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.
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