100% compensation news
13/05/2008

Solicitor takes rock climber's case to appeal

A 30-year-old man who will spend the rest of his life in a wheelchair after falling while performing a move at a rock climbing centre has taken his bid for 100% compensation to the Appeal Court.

This follows an earlier high court ruling, in which the judge ruled that the defending party, the trustees who run the Portsmouth centre, were only 25% responsible for the accident.

However, the claimant hopes to receive something much closer to 100% compensation, with his personal injury solicitor arguing that, as he was a new climber, he was not properly advised of potential risks. The solicitor claimed that "There was not an iota of evidence that, had he been properly advised, he would have ignored that advice."Had appropriate monitoring and supervision been in place, or an appropriate buddy system, or proper training, then this incident would not have occurred."Had he been made aware of the danger, he would not have carried out the manoeuvre in the mistaken belief that the matting made a fall safe. He consented to take part in the activity in the mistaken belief that it was."

The defendants, however, believe that total responsibility for the accident actually lies with the claimant, "He knew perfectly well, when he chose to jump, that there was a risk of falling."

They deny liability for 100% compensation, while the claimant, who was a keen sportsman before the accident, hopes for a successful resolution to provide for his future.