This case study is based on an actual claim but the names and some other details have been changed in order to protect client confidentiality.
Description
Personal injury claim resulting from a fall
The Claim
While staying at a hotel, the claimant fell from a first-floor window during the night, landing on a patio area below. The fall occurred due to incorrectly installed window opening restrictors; these were fitted but not fixed in place – thus allowing the window to open fully.
As a result of the fall, the claimant suffered multiple injuries to their pelvis and back plus internal injuries to their organs.
Current situation
This case has recently been placed on cover
The defendant has argued that the claimant was not vulnerable and there had been no other accidents of this kind at the premises. The claimant’s position was that if the window restrictors been fitted in place and correctly then the accident would not have happened.
Due to pandemic-related delays caused, proceedings have only recently been issued. ATE cover is required in order to protect the claimant’s position as a result of the stance taken by the defendant and the extent of evidence required.
The cover provided by the Temple ATE insurance policy has allowed the claimant to obtain further evidence from an engineer and medical experts, along with being able to issue proceedings without the fear of being liable for a £10,000 issue fee.
If you would like further details on how Temple ATE insurance for personal injury claims can protect you and your clients, please call us on 01483 577877.
