Housing Association Accident Claim

Document No. AM0200669

Aidan Cook (By His Mother & Litigation Friend) V High Weald Housing Association (2004)

Canterbury County Court (Hicks DJ) 15/9/2004

The claimant, an 8-year-old boy, received £3,000 for the left forearm fracture sustained following a fall on a pavement maintained by the defendant. During the time his arm was in plaster, the claimant was unable to participate in social and daily activities. He had difficulty sleeping and had a disturbed sleep pattern.

Claimant: Male: 6 years old at date of accident; 8 years old at date of award.
Occupiers' Liability: On 29 March 2002, the claimant was walking along the pavement when he tripped over a defective paving slab and fell to the ground.

The claimant sustained injury and brought an action against the defendant alleging that it was negligent in failing to maintain the pavement in a safe condition.

Liability admitted.

Injuries:The claimant sustained a greenstick fracture to the lower end of the radius and ulna with minimal dorsal displacement of his left forearm and non-dominant hand in the accident.

Effects:At hospital, the claimant's left forearm was immobilised in an above-the-elbow backslab. The backslab was replaced a week later by a forearm plaster cast, in which the claimant remained for a further three weeks. Following the removal of the cast, the claimant had a Futuro splint fitted. The week after the removal of the plaster cast the claimant had no further problems using his left forearm and wrist.

During the time that his arm was in plaster, the claimant was unable to participate in social and daily activities. He had difficulty sleeping and had a disturbed sleep pattern.

Prognosis: The claimant made a full recovery from his injuries within two to three months of the accident.
Out of Court Settlement (approved): £3,000 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £3,000.

Body Part:Arm - Left Arm - Arm, Left - Upper Limbs - Ulna - Radius
Condition:Greenstick Fracture - Fractured Left Forearm - Left Forearm Fracture - Sleep Impairment - Impaired Sleeping Pattern - Sleeping Pattern Impairment - Minimal Dorsal Displacement - Arm Injury - Arm Injuries - Fractured Arm - Arm Fracture - Arm Plaster - Plaster Cast - Backslab - Forearm Plaster - Futuro Splint
Peter Kee instructed by Lawrence Hamblin for the claimant. DLA for the defendant.

LTLPI 3/11/2004 (Unreported elsewhere)

This Quantum Report was provided courtesy of Matthew Claxson of Lawrence Hamblin, solicitor for the claimant