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KEY FACTS

NAME OF CLIENT

Mrs Mary Casey

Age

50 years old

INJURY SUMMARY

The Claimant suffered a rupture to the anterior cruciate ligament in her right knee following an accident in the kitchen of her home that she rented from the Defendant (“the Premises”). The Claimant required physiotherapy to her knee and the accident accelerated degenerative changes by 5 years.

CASE RESOLUTION

Out of Court settlement and claimant awarded £14,827.22

Mary received £14,827.22 for a rupture to the anterior cruciate ligament in her right knee following an accident in the kitchen of her rented home. She required physiotherapy to her knee and the accident accelerated degenerative changes by 5 years.

Accident: On 6th September 2012. Mary was walking through the kitchen in her home when her sock caught on duct tape on the vinyl floor that had peeled off, fell forwards and landed heavily on her right knee. As a result, she ruptured the Anterior Cruciate Ligament in her right knee. Mary brought an injury claim against her landlord alleging that they were liable for her injury due to their breach of statutory duty under The Landlord and Tenant Act 1985 and the Defective Premises Act 1972. Liability was admitted.

Injuries: Mary sustained a rupture to the anterior cruciate ligament in her right knee. Her right knee was swollen and tender and her walking was restricted. She underwent an MRI scan to her right knee which confirmed an abnormality of the anterior cruciate ligament, as well as a small effusion and some degenerative changes. The medical expert advised that the accident had accelerated degenerative changes in Mary’s right knee by 5 years. The medical expert advised that it was possible, but unlikely, that the knee would require surgical treatment in the foreseeable future.

Effects: Mary suffered from a rupture to her right anterior cruciate knee ligament. Her mobility was seriously restricted and she required constant use of painkillers, walked at a slow pace and was required to use the bannister when going upstairs.

Mary was not working at the time of the accident due to an unrelated condition but had planned on returning to work at around the beginning of 2013, however, due to her knee injury, she was unable to do so. The medical expert advised that 12 months absence from work due to her knee injury would have been reasonable.

Mary required assistance from her son and daughter for 4 months with domestic duties and shopping.

She also required 8 sessions of physiotherapy on her right knee.

Out of Court Settlement: £14,827.22 total damages (including £10,000 for her pain and suffering caused by her injury)

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