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HorseSolicitor Wins Claim – Occupiers Liability Act 1957

Mr E instructed HorseSolicitor to act for him when he sustained a fractured patella at a riding school.

The circumstances giving rise to the claim were that Mr E was on the riding school’s property when a concrete slab on the edge of the viewing platform gave way causing him to fall.

Mr E was a lawful visitor to the property under The Occupiers Liability Act 1957. As such he was owed a duty of care. Said duty was breached when he was exposed to a foreseeable risk of injury.

A letter of claim was sent to the riding school. We argued that it spoke for itself that the slab was dangerous and it (or its mounting) had fallen into a state of disrepair.

In addition to said breach of statutory duty it was alleged that it was negligent to allow the property to fall into a state of dangerous disrepair. These allegations of breach of statutory duty and negligence were not exhaustive. The proposed Defendant was put on notice that should court proceedings be required then the detailed allegations of negligence would be set out accordingly.

Liability was admitted and the matter was settled 100% in Mr E’s favour.

Mr E’s damages were made up of loss of earnings, compensation for pain, suffering and loss of amenity and other financial losses.

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