Fall in the road leads to fractured hip

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Fall in the road leads to fractured hip

14th April 2011

A woman who fractured her hip after tripping over a poorly-maintained grate in the road has received £9,500 in an out of court settlement.

The victim, who is in her 50s, had been walking to a nearby shop when her foot was caught on the sunken drainage grid in the middle of the road. Crispin Balmer, a personal injury specialist with Fentons Solicitors LLP, said the woman fell to the floor and was immediately in excruciating pain.

"She knew that her hip was badly damaged, and she was unable to stand up. She quickly called her son who took her home, before calling an ambulance which took her to the A&E department at the local hospital," said Crispin. "She underwent x-rays and was sent home without any further treatment, but three days later the x-rays revealed that she had fractured her hip in the fall."

Crispin said that the woman, who had previously been fit and healthy, had to then undergo a procedure to fix the fracture using screws.

"She had to use crutches for the six weeks that followed, and it took a full four months before my client was able to stand on and move her hip," he said. "She has permanently lost flexibility and rotation in the joint, and still suffers from soreness and stiffness."

Crispin said the injury also means there is a possibility that the woman will develop avascular necrosis - a disease which leads to the bones "dying" and weakening due to poor blood flow - as a result of the accident. "She will now need further assessments over the coming years to monitor this, but ultimately could require a hip replacement," he said.

Crispin said the victim's local council - the defendants in the case - were only contacted in July last year, but within six weeks of that the drainage grate in the road had been repaired and they admitted liability just a few weeks later.

"We presented our client's case to them and they admitted liability very quickly, ensuring our client was able to get on with her recovery without the worry of court appearances or a long drawn-out legal battle," said Crispin. "The newspapers are filled with 'compensation culture' headlines and stories of people making claims after falling over their own feet, but the amount of pain and suffering my client was subjected to is beyond question.

"The grate in the road had not been maintained, and was the very definition of an 'accident waiting to happen'," he said.

Following negotiations, Crispin settled the claim on behalf of his client for a total of £9,500.

How can Fentons Solicitors help?

Fentons has a specialist department experienced in handling claims for victims who are injured in accidents involving trips and falls.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.