Public Liability – Man steps in pothole and secures $950K
Public liability – man steps in a pothole – $950,000 in compensation
Jason, 41, was crossing the street when he stepped on a badly repaired pothole, with sharp concrete edges. Due to the unevenness of the surface, Jason rolled his ankle, lost his balance, and fell to his right side, sustaining an unusual and very severe elbow injury.
Jason was operated on and told by the hospital that the type of fracture he had sustained would leave him with a permanent impairment. He required three further surgeries as a result and was left with very limited mobility in his right dominant arm, bad scarring, psychological distress, and an inability to return to work.
Our Public Liability team was able to establish that the area where Jason fell was not well-maintained. We also collected evidence from highly respected medical experts on the severity of Jason’s injuries and future medical prognosis, including his likely need for a full elbow replacement.
A mediation was arranged to attempt to resolve the matter without proceeding to a hearing. After extensive negotiations, we were able to secure a settlement of $950,000 for Jason, who was able to use his compensation to receive treatment for his injuries in the future and retrain to find a job that would accommodate for his injuries.