Case study: claim for slip on ice on rail station platform

Compensation: £9,950

The claim

Ms C slipped on an ungritted icy platform ramp at her local train station. She suffered injuries to her back and decided to make a claim. YouClaim put her in touch with JMW Solicitors who handled her claim.

The case

JMW sent the transport authority’s insurer a letter of claim and requested that they disclose documents relating to the accident, their policy for gritting, and their knowledge of that day’s weather forecast.

The insurers denied liability for Ms C’s accident, stating that the defendant had not received weather warnings from the Met Office, which was how they judged whether or not to grit the area. We did not find this behaviour appropriate. We issued repeated requests for full document disclosure of all information relating to Ms C’s accident or further court action would be taken. The defendant's insurers eventually disclosed further documents. This revealed an adverse weather policy in force but there was clear evidence that staff had failed to adhere to the policy. Further documents were requested but the insurers refused to release any more information.

Ms C was examined by an A&E specialist and a Consultant Orthopaedic Surgeon specialising in back injuries. She was also examined by a Clinical Psychologist as she was experiencing psychological trauma.

The Clinical Psychologist noted that Ms C was anxious when walking in icy conditions and recommended therapy. The Orthopaedic Surgeon recommended Ms C undergo an x-ray of her lumbar spine – it revealed a previously undetected wedge compression fracture and some degenerative change, so physiotherapy was recommended.

Settling the claim

JMW put together a Schedule of Loss, outlining all quantifiable financial losses Ms C had experienced, as well as asking a barrister to give an opinion on liability for litigation purposes. The barrister recommended that Ms C make a pre-litigation offer of £9,950 to the defendant to settle the case. Ms C agreed and the offer was made.

In the meantime Ms C continued to undergo medical investigation for her ongoing pain. She was referred to hospital and diagnosed with bone density issues that may have caused or accelerated by the accident.

The defendant’s insurer decided not to accept our offer and we issued court proceedings in accordance with advice. Ms C’s case was formally defended and on further assessment of the risks of litigation, the defendant decided to accept Ms C’s original settlement offer of £9,950.

Ms C said to JMW, of the settlement: "Great news. Thank you for everything you've done; I cannot speak highly enough of your efficiency and promptness. You were nice to deal with too."

 

Think you have a claim? Get in touch today on 0800 10 757 95 or read more here.