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Neck & Shoulder Injury Case Study

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Out of Court Settlement 23/04/2015

The claimant, a 53-year-old woman, received £1,250 for the soft tissue injuries to her neck and shoulder sustained when she was struck by an arrow whilst staying at a hotel in Ibiza in June 2011. Her injuries would have lasted six weeks without her pre-existing constitutional changes.

Claimant: Female: 49 years old at date of accident; 53 years old at date of settlement.

Other: On 5 June 2011, whilst on holiday in Ibiza, the Claimant (C) was walking to her hotel pool behind a wooden structure which was being used for archery practice when she was struck by an arrow.

C sustained injury and brought an action against D under the Package Travel, Package Holidays & Package Tour Regulations 1992 alleging that under the local prevailing standards the hotel was under a duty to protect consumers and touristic users and to take necessary care and diligence to prevent injury.

Liability disputed. D argued that an arrow could not pass through the wooden structure surrounding the archery range.

Injuries: C suffered soft tissue injuries to her neck and right shoulder.

Effects: C’s symptoms were complicated by pre-existing constitutional changes but the medical evidence concluded the effects of the accident would have lasted six weeks.

Out of Court Settlement: £1,250 total damages

Background to damages: the matter rested on the joint instruction of an engineer expert who provided a local standards report and the matter settled a week before trial.

Breakdown of General Damages: Pain, suffering and loss of amenity: £1,250.

Simmons v Castle [2012] EWCA Civ 1288, [2013] 1 W.L.R. 1239   10 per cent uplift: not applied

Body Part: Neck – Shoulder – Arm – Right Shoulder – Limb – Upper Limb

Condition: Soft tissue injuries