Defective lift £69,000

We acted for a delightful elderly client (now aged 94) who was involved in a terrible accident at her home in September 2010. Briefly, on the day in question, she fell from a malfunctioning through-floor lift, falling a distance of some 3ft to the ground, causing a fracture to her left femur. She was hospitalised for a short period and was then able to return home, albeit with the support of carers and her family.

Matters were complicated as, sadly, she was involved in a fall in June 2011 which resulted in her fracturing her right hip. She was readmitted to hospital and later admitted into a nursing home, as she was no longer able to be left by herself at home, even with the support of her carers.

Liability was admitted by the insurers of the lift company for her first accident but we were unable to reach an agreement on the valuation of her claim. The sticking point was whether her first accident had caused or contributed to her subsequent fall and need for admission to a nursing home at a much earlier stage than either she or her family had anticipated. We were attempting to seek to recover some of the nursing home fees, which the family now had to pay. We felt that her first accident must have contributed to her risk of falling and also brought forward her admission to a nursing home.

After much negotiation, the parties were eventually to reach a satisfactory settlement.

S. J. Edney solicitors obtained compensation of £69,000 for this client during 2013