Ellisons Solicitors represented a claimant who was left with multiple serious injuries following a fall at a restaurant in London, helping them to recover a six-figure sum in compensation.

Our client had been enjoying a meal with a friend at the restaurant and, as he went to access the lower floor of the restaurant, he had to open a door which opened immediately onto a single step.

Unfortunately, the edge of the step was of a dark tile design that was exactly the same colour and orientation as the floor immediately below the step, making it very difficult for customers to notice that there was a step down. There was no ‘mind the step’ warning sign, no safety edging on the step and no handrail.

In these circumstances, our client had been unable to heed the presence of a step down and consequently fell heavily, hitting his head on the floor and sustaining numerous injuries.

As a result of the accident, our client suffered multiple injuries including a traumatic brain injury, audio-vestibular injuries, serious neck and nasal injuries, multiple tooth fractures, depression and PTSD.  Our client’s long-term symptoms included impaired balance, headaches, poor concentration, visual symptoms and fatigue and his ability to work in the years following the accident was significantly affected. Due to the nature of his work and his expertise and reputation, this translated into a significant loss of past and future lost earnings.

During this six-year case, Ellisons Solicitors were able to secure significant interim payments and funding to help with the Claimant’s physical and psychological rehabilitation.

Despite the Claimant’s committed efforts to engage with the rehabilitative treatment, he will be left with ongoing cognitive disabilities which continue to impact on his daily life and his ability to conduct business activities in the manner he could prior to the accident.

Stevan Stratton, Partner and Head of Ellisons’ Injury Services team said: “This case involved a client who went from being at the very top of his game to finding himself unable to work and almost completely dependent on his wife, all as a result of some poorly designed flooring for which the restaurant admitted liability from the outset.  This was an accident that could have been avoided and the Claimant endured years of suffering and loss. We had to fight hard on his behalf to secure funding for his rehabilitative needs and expert evidence had to be obtained from 10 expert witnesses, with the Defendant solicitors requiring our client to attend a further 5 appointments with their own medical expert witnesses. 

It took six years to get the Defendant’s legal representatives to engage in settlement discussions and, following a Joint Settlement Meeting, we secured a settlement figure that was nearly 4 times their opening six-figure offer.  Despite some extremely difficult periods, our client and his wife showed tremendous courage and resolve in persisting and cooperating at every stage of the case and having the patience and resilience to deal with the stress caused by repeated delays in the case. On a personal note, I was delighted that we were able to achieve such a significant settlement which will hopefully go a long way to helping them as they move forward with their lives.”

Our client said: “Without Stevan’s commitment to the cause and professionalism, along with his compassionate support we would never have achieved such a remarkable outcome. Stevan and his team at Ellisons will have our gratitude and thanks for the rest of our days having secured our future after six very difficult years.”

The path to settlement was not easy and the Defendant’s expert opinions differed greatly to the Claimant’s expert reports. The issue of future lost income was an area of great dispute, but we can be almost certain that this is an outcome the Claimant would not have achieved without early expert legal advice and support and the instruction of appropriate expert witnesses.

The Ellisons’ Injury Services team is available to guide you through the process of reviewing your claim, securing private medical treatment and rehabilitation wherever needed and to recover the compensation you are entitled to.