Background

C, who was 6 years old, was playing in the communal garden of the block of flats where he lived on 04/10/2011. Whilst playing he ran across a concrete area where a bicycle stand was located. C tripped on a metal bolt which was protruding from the ground and then fell upon another metal bolt that was also protruding.

D who was also a resident of the flats, had removed the upright metal poles where bicycles were usually chained up some time prior to the accident. He had done so for the purpose of parking his car under the bicycle shelter to repair it. However he had no permission from the Residents Association to do this and he failed to replace the stands or remove the protruding bolts once he had finished repairing his car.

C suffered a deep laceration to his left lower leg that penetrated to the tibia. He was taken by ambulance to hospital and the following day on 05/10/2011 he underwent a procedure under general anaesthetic to clean and close the wound in layers. He was discharged from hospital on 06/10/2011 with crutches and a leg cast. 

Following discharge C spent almost 3 weeks at home being cared for by his parents.

Medical Evidence

As a result of the accident C suffered a deep laceration to his lower left leg. Following his discharge from hospital C had his leg in a cast for 2 weeks and continued to have his wound dressed until December 2011. C missed 20 days of school as a result of the accident and did not return to playing football until January 2012.

C has a 9.5cm x 0.6cm scar down his left shin. The scar will always be visible but should fade over time.  

Legal Proceedings

C sought damages for personal injuries and losses suffered as a result of D's negligence. A Letter of Claim was sent to D on 11/11/11 setting out C's claim.  D admitted liability on 25/01/2012.

C made a Part 36 Offer to D in the sum of £7,000 on 04/07/12. D made a counter-offer on 26/07/12 in the sum of £5,150 plus costs and then a further counter-offer in the sum of £5,650 plus costs. This offer was accepted by C on 26/09/12.

Settlement

A rough breakdown of the settlement figure is as follows:

General damages: £4,500

Special damages: £1,150 (father's loss of earnings claim)

The Defendant also agreed to pay C's costs of the case.

Solicitors for the Claimant: Sarah Towler, Russell-Cooke

Solicitors for the Defendant: Plexus Law