100 percent compensation news
16/11/2009

Judge delivers injury claim verdict

A judge hearing the personal injury claim of a student who suffered a life-changing brain injury in a fall from height at a Plymouth car park has ruled that the claimant is not entitled to receive 100 percent compensation.

However, the judge did say that although a 100 percent compensation settlement would not be appropriate, the fact that he was only 75 percent responsible for his injuries means a 25 percent payout can proceed.

During his ruling at the High Court the judge said that even though the former Southampton University student had been severely intoxicated at the time of the accident, Plymouth City Council owed some liability under the terms of the Occupiers Liability Act 1957.

"[The claimant] was the council's visitor in law and they were in breach of their common duty of care towards him by not securely fencing the edge and by allowing the fence to be in such condition that it constituted a tripping hazard for the unwary so close to the edge," he ruled.

He outlined his reasons for not awarding the full 100 percent compensation payout the injured man's no win, no fee solicitor had been hoping to secure, saying that had he "been sober, I am satisfied he would not have run regardless into a dark area but would have made his way carefully.

He added, "In behaving as he did, he ran a real risk of tripping over undergrowth or some object underfoot or running into something.

"Importantly, I consider that, sober, he would have been far more aware of his surroundings than he was and I think it very likely, although I cannot be sure, that he would have realised that there was a fence still standing next to the lowered area and that the lit area beyond was significantly below the land and would have done his best to keep clear of the edge."