"A Picture is Worth a Thousand Words"

Insurance Article

06 February, 2018

The Claimant, aged 76 at the date of the accident, alleged that she sustained a personal injury after tripping over a base level barrier after collecting her grandchild from school. The school was partly under construction and base level barriers are generally used to segregate pedestrian walkways.

As the Claimant left the school with her grandchild she walked along a barrier lined pedestrian route. On each of the interlocked base barriers was a red and white top rail with the exception of the last barrier. The Claimant tripped over the last barrier and contended that the absence of the top rail caused her to trip and fall. Without the top rail the base barrier was one metre in length and knee level in height. The barrier was bright red and was intended to be used with or without the top rail.

At trial, the Judge accepted the Claimant's evidence but was not satisfied that the barrier posed a danger. The Judge commented that "every picture tells a story and this case does". The photograph showed a solid interlocked barrier which was large and obvious. The Judge remarked that it should have been seen by the Claimant and that she should have simply stepped around it to have prevented the accident from taking place.

Forbes comment

On balance, this was entirely the right outcome and a common sense decision. These types of barriers are common place on construction sites up and down the country to segregate pedestrian walkways from moving traffic. It was clear where the barrier ended and although the Judge was mindful of the Claimant's age and the fact her attention would have been focussed on her grandchild, it did not excuse her own responsibility to look where she was walking.

If you are looking for any more information with regards to our services view our Insurance section. You can also contact Ridwaan Omar in our Insurance department via email or phone on 01254 222457. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

Back

14 Aug 2018

Insurance

NEWS AND ARTICLES

Forbes' John Myles Appointed President of Blackburn Incorporated Law Association

John Myles, a Partner in Forbes Solicitors' Insurance department has become the new President of Blackburn…

Read the article

With 'extensive knowledge' that 'inspires confidence', the department at Forbes is led by managing partner Martin Crabtree.

2014 edition Legal 500

More clients

Forbes is "absolutely fantastic - nothing is too much trouble".

2011 edition Legal 500

More clients

The Team "Deliver a consistently high quality service across the board"

2010 Edition Chambers UK

More clients

It is easy to support organisations that I have complete confidence in. Excellent, fast, straight to the point work, no procrastination, which in turn means no racking up of fees.

Liability Operations Manager

More clients

During the ten years I have experienced with Forbes I have always without exception received a first class service.

Insurance Officer
Metropolitan Borough Council

More clients

You won the Tender based on talent and quality.

- report following successful tender for a Metropolitan Borough Council

More clients

I owe you and your colleagues a lot. I appreciate all the assistance you and Forbes have offered me both professionally and personally.

More clients

Make an enquiry