A 7 year old girl, was on a family holiday in in Crail in May 2017 with her Grandparents. She was playing on the grass verge beside a holiday home when she fell down a 6ft hole which was left open as a result of a missing drain cover.
She sustained a nasty laceration to her left leg, and was quickly taken to Hospital by her family members who had thankfully been able to lift her out of the hole. Her leg required to be cleaned out surgically and then to be stitched under general anaesthetic. She required multiple appointments to have her dressings changed and was left with a nasty scar.
The Police were called and the missing drain cover reported to the Council. The Council advised that the land was privately owned, and the private land owner advised the Police that the property was the Council’s responsibility.
The girl's father contacted Pedestrian Law Scotland, who immediately began to investigate who was actually responsible for the open grate which had caused the incident. It was established that the property was a privately owned property, and therefore the claim was intimated to the owner of the property. Their insurers were prompt to respond and confirmed that liability would not be in dispute.
Medical evidence was obtained in relation to the extent of the injuries and the third party returned with an offer of £3,750. Upon our specialist advice, it was agreed that the offer should be rejected and following a period of negotiation, a reasonable offer of £6,000 was accepted.
Following this horrible ordeal for such a young child, we were delighted to be able to assist and obtain such a great result. Thankfully, it also appears that the private land owner also took steps to replace the missing drain cover.