Lady Solicitor Personal Injury Claim Lady Justice Old Bailer

Care Home Assistant Wins Compensation

Mrs H was employed by the Defendant as a senior care assistant at a care home in Leeds. On the day of the accident there were very high winds which had caused a fence panel, separating the care home from the house next door, to become loose. The deputy manager of the home asked Mrs H to help her try and move the panel. Mrs H was told to take one end of the panel while her boss took the other. Suddenly a strong gust of wind caught the panel and Mrs H ended up being thrown to the ground, landing heavily and suffering a broken wrist.

Mrs H instructed Slee Blackwell to pursue a no win – no fee personal injury claim on her behalf. Accident solicitor, James McNally (who is himself from Leeds) assessed the case and decided he could win it. Although it was apparent that Mrs H had never been properly trained for such a potentially hazardous task and that her deputy manager hadn’t thought to carry out a risk assessment or even consider a safer way of moving the panel, liability was denied. The care home argued that it was an emergency and they didn’t have time to do things properly.

The accident claim went to Court where the Judge decided that Mrs H’s boss had failed to give proper thought to the risks involved and find an alternative, safer way of moving the panel. He awarded Mrs H compensation for injuries which she received in full, without any deductions.