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Ankle Injury Claim

Posted on September 8, 2011

Written by: Matthew King

Ankle Injury Claim for School Assistant

Personal injuries can occur in a wide variety of situations, potentially leading to valid claims for compensation.  Take the following case which this week was awarded over £15,000 for an ankle injury claim.

Marie Wallace, a 64-year old school clerical assistant was awarded the compensation for her ankle injury claim after she fell from a toilet bowl that she had stood on, attempting to open a window.  She suffered fractures in her foot and a detached Achilles tendon and despite undergoing surgery for her severe injuries, Mrs Wallace is still suffering from her injures.

The judge heard how Mrs Wallace had climbed onto the toilet bowl to open the window in order to make sure the toilet cubicle was left in a pleasant standard after her use.  However she slipped and fell, leading to her injuries.

Original Ankle Injury Claim Turned Down

The original trial judge ruled against Mrs Wallace, deciding that it was her negligence in engaging in the hazardous behaviour which led to her injuries.  However the appeal judge overturned this decision on the basis that the city council should have supplied a pole for opening the window in order to keep in line with health and safety regulations.

Mrs Wallace’s representation was actually arguing for nearly £32,000, but it was ruled that both parties were equally liable for the injuries.

This case highlights the fact that even if a person is partially to blame in an incident that leads to personal injuries, they may still have a claim for compensation.  In the given case, whilst Mrs Wallace clearly played a part in causing her own injuries by climbing onto the toilet seat, the high position of the window meant that she had no other method of reaching the latch to open it.  Therefore, the city council (responsible for the school) was in breach of its health and safety legislation as anyone wishing to open a window in the toilet would have to put themselves in a dangerous position to do so.

Ankle Injury Claim Leads to Health and Safety Issue Being Addressed

As a result of the proceedings, there is now a pole in the ladies toilets for people to use should they wish to open the window.  This satisfies the health and safety criteria by giving toilet occupants a safe way to open the window should they wish to do so.

If you have been injured as a result of someone else’s negligence and would like to make an ankle injury claim, call us today on our free phone number, or fill in a quick form to request a call back at your convenience.

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