Circumstances of accident

Our client, who was a minor at the time of the accident, was parking in a swimming lesson at a leisure centre. The instructor had asked our client to exit the pool, however had failed to assist her in doing so.  Subsequently, the claimant slipped and injured her leg.

Prior to the lessons, the swim instructor was advised by our client’s mother that they suffered from brittle bone disease and would require assistance when exiting the pool. This was discussed in a 45-minute meeting prior to the lessons and again noted within the initial application forms.

How we helped our client

We intimated the claim upon the leisure centre and contended that they were responsible for the negligence of their employees whose acts and omissions they are vicariously liable.  We argued that their swim instructor had failed to adequately risk assess the claimant’s individual needs and requirements and in failing to do so caused or materially contributed to our client’s accident.

Liability was admitted for the incident. We then proceeded to recover a copy of our client’s medical records and arranged for an examination with a Consultant Orthopaedic Surgeon for the purposes of a medical report.

Settlement

Once all the medical evidence was obtained, we forwarded this to the third party insurers. We negotiated a settlement of £4,550 for our client in respect of their injuries as well as private rehabilitation to assist with their recovery.