Lady Solicitor Personal Injury Claim Lady Justice Old Bailer

Residential Home Accident

Mrs H - who was aged 99 at the time of the accident - was living in a residential home in Ilfracombe, Devon. As Mrs H was walking past a door to the kitchen, it was suddenly opened by a member of staff, striking Mrs H and knocking her to the floor. As a consequence, she suffered a fractured hip.

Liability was established on the basis that there was no window in the door leading to the kitchen. Members of staff could therefore not see if residents – who would be slowly walking past due to their age – were passing by.

Mrs H underwent a partial hip replacement procedure and was moved to another nursing home.

Liability was quickly established and a medical report obtained. Given Mrs H’s age and medical condition, it was agreed with the Defendant’s insurers that a medical report based solely upon a review of the medical records would be appropriate in the circumstances of this case.

In addition, given the age of Mrs H, instructions were received from Mrs H’s daughters who had already obtained a Power of Attorney enabling them to deal with their mother’s affairs.

Following negotiations and disclosure of the medical report, Mrs H was awarded £24,000.