Swansea Woman Wins Compensation After Court Orders Hotel to Disclose Key Documents in Injury Case
Mrs S from Swansea, South Wales arranged a weekend away with her partner at a hotel in Strathclyde, Scotland. They had flown from Cardiff airport on the Thursday and were due back in Swansea the following Sunday.
On arrival our client attempted to have a shower in the en suite bathroom. The shower was fixed into position over the bath. As she stepped out of the bath she slipped on the tiled bathroom floor and fell. As a result she suffered a fracture to her left shoulder.
The injury was reported to the hotel and an accident form completed. On returning to Swansea Mrs S consulted Slee Blackwell Solicitors and we agreed to pursue a personal injury claim against the hotel on a no win, no fee basis. We started by submitting a formal letter of claim. The hotel responded by denying liability for the accident.
Most defendants in accident compensation claims are prepared to cooperate with our enquiries and comply with the personal injury pre-action protocol. However, we occasionally encounter defendants who are unwilling to adopt a constructive approach and when this happens we lose no time in adopting a firm line with them. In the case of Mrs S, we took the initiative and made a number of applications to the Court for a formal Court Order requiring the hotel to disclose documentation that was relevant to the accident. The Defendant tried to argue that even though it was an English company the injury claim should be dealt with under Scottish law, as the accident occurred in Strathclyde. Liability for Mrs S’s injuries continued to be fiercely disputed.
However, because the documentation disclosed under the court order was helpful to our client’s case the Defendants eventually realised they were going to lose if the accident claim went to trial. They therefore made her an offer to settle the injury claim out of court. As a result of negotiations conducted by us on her behalf, Mrs S agreed to accept compensation of £9,000, which she received in full without any deductions.
This is just one of the many case studies available to view on the New Deal Fair Deal site. Why not read more interesting leisure accident compensation claim case studies including the sauna accident compensation claim relating to a laceration as a result of a piece of glass left on a sauna floor. The accident in a bar that lead to a successful claim after a woman slipped on spillage in a bar and the bar owners subsequently denied liability. Alternatively, the horse riding compensation claim case study where the complexities of the case related to the potential of having two defendants who were potentially liable for the claim.