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We were instructed by a client as a result of a significant injury she sustained whilst on holiday in Canada. The claim was pursued under the Package Travel Regulations.
Shortly after checking in to the hotel which formed part of her holiday package, our client exited the lift on the way to her room. As she did so, she walked directly into a pane of glass which was completely transparent and unmarked. As a result of the impact, she fell backwards on to the floor and struck her head sustaining a head injury.
Her condition deteriorated over the next few hours and as a result, she was taken to a hospital with the appropriate neurological facilities, where bleeding within the brain caused by the head injury very sadly resulted in a stroke. As a result, our client sustained very significant difficulties with speech and was partially paralysed. Although she did make a partial recovery, she continues to suffer from significant disabilities as a result of the stroke induced by the head injury.
We were able to use our knowledge and expertise to identify the evidence required, and then instruct the appropriate expert to provide that evidence. We were able to show that the glass partition should have been marked and on the balance of probabilities, if it was, the accident would not have happened.
Court proceedings were issued. Before the need for the matter to go to trial, we were able to settle the claim by negotiation with the Defendant in the sum of £450,000. |