Introduction

Ms A was employed as a bar assistant for the Defendant. On 28/10/2010 her Manager asked her to decorate the bar for Halloween. He asked Ms A to decorate the bar in a similar vein to the year before, which had included spider's webs being hung on the walls and the window.

The Defendant offered no further assistance and left Ms A to undertake the task. Ms A was aware that there was a step ladder in the stock room but had not been informed whether she should use this or whether it was fit for use.

Ms A proceeded to decorate the bar. In order to put the spider's web decorations on the wall, she knelt on a gymnasium horse that was in the bar area. As she was kneeling on the gym horse she toppled backwards, falling to the floor.

Ms A heard a cracking sound in her left knee and therefore attended the Accident and Emergency Department at her local hospital. She was informed that she had fractured her knee and she required surgery in order to have a metal plate and screws inserted.
Ms A had handed her notice in to the Defendant just prior to the accident. As a result of the accident she was unable to start at her new employment until January 2011 and she lost earnings.

Legal case

A letter of claim was sent to the Defendant on 21/03/2011 stating that they were responsible for Ms A's fall, as she was instructed to work at height and had not been provided with a plan as to how to undertake this work. This was contrary to employment regulations.

The Defendant admitted liability on 1/08/2011.

Medical evidence

A report from a Consultant Orthopaedic Surgeon was obtained who reported that as a result of the accident Ms A had suffered with a fractured knee. She had to have an operation to insert a metal plate and screws into her leg. Ms A had made a good recovery but had a 15cm scar where her surgery had taken place and was unable to squat which would be a permanent symptom.

Settlement

A schedule of expenses was prepared for Ms A, showing that as a result of her accident she had lost earnings and incurred incidental expenses totalling £5,482.74.

Ms A's claim was settled for a figure of £28,388.06, this included payment for her expenses as well as £17,422.58 by way of damages for her pain and suffering.

The Defendant also agreed to pay Ms A's legal costs.

Russell-Cooke acted for Ms A pursuant to a ‘no win, no fee' agreement.