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Accident at Home – Mrs Mary Casey -v- Catalyst Housing Ltd

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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

The Claimant received £14,827.22 for 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.

Accident: On 6th September 2012. The Claimant (C) was walking through the kitchen of the Premises 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, C ruptured the Anterior Cruciate Ligament in her right knee. C brought an action against D alleging that it was liable for C’s injury due to their breach of statutory duty under The Landlord and Tenant Act 1985 and the Defective Premises Act 1972.

Liability admitted.

Injuries: C sustained a rupture to the anterior cruciate ligament in her right knee. Her right knee was swollen and tender and her walking was restricted. C 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 C’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: C suffered from a rupture to her right anterior cruciate knee ligament. C’s 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 up stairs.

C 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.

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

C required 8 sessions of physiotherapy on her right knee.

Out of Court Settlement: £14,827.22 total damages

Breakdown of Damages: C accepted £10,000.00 offer in respect of PSLA

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