The circumstances of the accident are that the Claimant caught the front of her right shin on a low crate of beer that was in the aisle in a small convenience store. She tripped and fell forwards onto the floor. As a result she suffered an injury to her right shin. She was accompanied by her father and young children who witnessed the accident. She was very embarrassed and made her purchase and left the store. She felt immediate pain and as the day wore on her leg became swollen and bruised and she attended her local hospital.
Later that day she contacted the proprietor of the store to advise what had happened and he apologized and said that he would drop around her home later with a case of wine by way of apology. This he did not do. As her leg worsened she realized that it was more than a minor bump but an injury that persisted for several weeks.
She instructed us approximately one month later to present a claim on her behalf and we decided to investigate the matter further on her behalf.
Following these investigations a letter of claim was sent to the Defendant and the Defendant insurers acknowledged the letter and confirmed that they would commence their investigations. The Defendant insurers then denied liability on the basis of video evidence in the shop that the Claimant had not fallen forward as alleged but that she had been looking at a display and fell backwards. This was wholly untrue. The Claimant did not sustain any injuries to the backs of her legs or to her bottom. The injury was localized to her right shin and this was confirmed by both the hospital records and entry in her General Practitioner records. The video was not released for our consideration at this time nor was this ever disclosed.
As a result of our investigations, the Defendant insurers finally agreed to settle the claim.