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Margaret Durbal , an occupiers' liability specialist at Fentons Solicitors LLP, said her client...
Fentons Case Studies
Margaret Durbal, an occupiers' liability specialist at Fentons Solicitors LLP, said her client...
Elderly woman breaks hip and wrist in supermarket | Case Studies | Newsroom | Fentons
Margaret Durbal, an occupiers' liability specialist at Fentons Solicitors LLP, said her client had just finished her shopping and was standing by the checkout when a member of staff who was rushing, walked into her and knocked her to the floor.
"My client is a slight woman in her seventies," said Margaret, a solicitor with the firm.
"The employee who walked into her
was a very tall and heavy set man who, whilst clearly in a rush and not looking where he
was going, caused her
to fall to the ground onto her
right hip and arm."
The woman was taken to Northampton General Hospital
by ambulance and diagnosed with a broken right hip and a broken right wrist.
remained in hospital for five-and-a-half weeks and underwent two operations on her
wrist which was placed in a cast, as well as surgery to replace her
"Following my client's hip replacement her
right leg as well as both feet became very swollen and painful," said Margaret
is right-handed, the cast on her
right wrist drastically limited what she
was able to do for herself following her
discharge and when it was removed she
experienced stabbing pains, numbness and a lack of strength and dexterity in her
was provided with a support splint for her
wrist and underwent a course of physiotherapy for her
hip," added Margaret
"Although the physiotherapy helped to restore a degree of confidence, her
hip remained extremely uncomfortable, especially at night, and she
found it incredibly difficult and painful to move around with the various crutches she
was issued with."
In the four months following the incident, the woman's wrist injury symptoms deteriorated rapidly.
was readmitted to hospital and told that the nerve damage to her
fractured wrist had been particularly severe and that a third operation, although necessary, would not bring back power to her
fingers, nor would it alleviate the constant pain and discomfort she
felt in her
"The injuries my client received have radically altered her
life," said Margaret
"From being an independent woman, she
now feels nervous in supermarkets and crowded areas and she
has become increasingly dependent on outside help with housework, gardening and jobs that she
took for granted before such as changing light-bulbs and fixing her
"Despite now having some power restored to her
injured hand she
continues to feel some pain and numbness there," added Margaret
has also lost all means of precision, meaning she
finds it difficult to thread a needle, sew on a button or insert her
is unable to sleep on her
right side and she
finds walking even short distances impossible without feeling both uncomfortable and unsteady.
Although the settlement she
has now received cannot compensate for her
pain, I very much hope it will help her
adjust to the changes she
has been forced to make."
After liability was admitted, Margaret
settled the claim on behalf of her
client for £25,000 in July 2011.
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