WHAT THE EXPERTS SAY
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Chambers and Partners (2014)
Claim for British tourist after tripping accident in New York
A British tourist who was on holiday in New York with a friend in April 2005 was walking along the sidewalk when she fell into a pothole, breaking the top of her arm in four places. The pothole had not been clearly visible as the Claimant walked along, and was not highlighted as a danger. The Claimant was taken to hospital in New York where her injury was assessed, and was then cared for by her friend until they were able to return home. The claim was complicated by the fact that there were a number of potential Defendants, including the City of New York and the owners of the buildings adjoining the relevant sidewalk.
The Claimant required surgery on her return to England, and despite recovering from her broken arm, has been left with weakness and limitation of movement in the arm.
Irwin Mitchell were instructed by the Claimant. Following extensive negotiations with the Defendant’s legal representatives, and following the issue of Court proceedings in New York, were able to agree settlement in April 2010 in the sum of $250,000.00 (approximately £165,000.00).
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"I just wanted to send you a short note to thank you very much indeed to our solicitor for managing to settle this for me – it’s really very much appreciated. You did so in a very professional, helpful and efficient manner."