Mrs H has mobility difficulties and lives with her husband in specialist assisted accommodation. The help she receives from the housing association includes garden maintenance, and the cutting of the grassed areas around her and her neighbouring properties.
The gardeners also swept up and cleared away the cut grass that inevitably ended up on the path in Mrs H’s back garden, that led to her bins.
On this occasion though they didn’t, for what ever reason. Which coincided with some rain, in turn making the grass on the path wet, and slippery underfoot. As Mrs H was going to the bin she slipped, fell, and was injured.
When we put the claim, the housing association’s insurance company denied liability. They tried to argue that it was not necessary for the gardeners to clear away the grass, so they could not be at fault for not doing so.
Andrew Marsden of our Batley office was able to show that because the gardeners routinely cleared away the grass they had created a precedent. In effect it became something they had to continue to do, because not doing so could lead to a hazardous situation, as happened here.
The fact that somebody does not have to do something does not mean they are not at fault when they don’t.
Mrs H will now receive the compensation she is entitled to.
If you have been injured through no fault of your own contact Andrew to begin your compensation claim. We will most likely be able to act for you on a no win no fee basis, and initial advice is free. Face to face or remote appointments are available.
Call 01924 473065, email [email protected] or use the livechat on our website.