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£75,000 payout for victim of cafe fall

Lanterns cafe Lanterns cafe

A WOMAN has won £75,000 in compensation after she fell and broke several bones in a town centre cafe.

The 70-year-old, who did not want to be named, went into the Lanterns cafe on Havelock Street, on October 28, 2008 and tripped on a mat, sending her flying about 9ft into the cafe.

The pensioner's fall resulted in her breaking a bone in her shoulder, dislocating her other shoulder and also did serious damage to her left knee.

The accident left her in hospital for two and a half weeks and for the past two years, she has had to live in the ground floor of her home because her injuries have resulted in her not being able to climb the stairs. She also struggles to sit down.

She said: “I walked through the door and they had just had a new mat put down. The mat that was in there,didn’t have the right density and I went over as soon as I put my foot on it.

“I stumbled for several feet and all the tables went over.

“Apart from that I don’t remember a lot.

“As a result I suffered a broken bone in my shoulder, I dislocated the shoulder and tore tendons in my shoulder.

“It has completely changed my life and I think I am only 50 per cent now.”

Thanks to Swindon-based personal injury lawyers Armstrong James, the victim was able to make a substantial claim after the cafe took full responsibility for what happened. She said: “I wasn’t going to claim because I knew the owner.

“They came to see me when I was in hospital the first time.

“I am really glad I did claim though it has made a huge difference because I wasn’t earning, at one point I couldn’t even afford oil to heat the house. The whole process was very easy and the payments were spread out.”

Simon Shaw, partner at Armstrong James, said: “It was an oversight really on the owners’ part. They had put a mat in place but it happened to be it was not the right type.

“We are happy to have been able to secure this substantial claim for our client. It was a no win, no claim case so if we did not win the case then she would not have had to pay anything.”

The Adver tried to speak to the owner of Lanterns, but was told he was unavailable for comment.

Comments(25)

Hearditallbefore says...
11:54am Fri 27 Jan 12

So are we giving free advertising for these ambulance chaser firms now on here?

Disco20 says...
11:57am Fri 27 Jan 12

As much as I feel sorry for the old lady who had an accident, this "story" is an advert for Armstrong James.

Also, I find the whole "where there is a blame there is a claim" culture is only set out to make the likes of Armstrong James wealthy whilst its killing small businesses that are hit.

A - Look where you are going
B - Use your common sense
C - Sh1t happens, deal with it

If there is genuine negligence, then fair enough but the "wrong type of matt", seriously, get a grip. Maybe the lady wasn’t looking where she was walking and tripped. If I had sued someone every time that happened, I’d be a millionaire!

The best thing our country can do is ban the “Blame = Claim” business and allow people to be responsible for their own well being and actions. Its too easy for someone to sue a company or business for their own failings.


**Rant over**

beach1e says...
12:08pm Fri 27 Jan 12

this is an info mercial,not journalism

Hearditallbefore says...
12:09pm Fri 27 Jan 12

The American culture has gripped us here with the "Free meal" Syndrome.

Robfm says...
12:32pm Fri 27 Jan 12

Didn't this Government say they would ban ambulance chasing adverts. Another promise broken.

The other comments are right of course, an accident by it's very definition means that it was unforeseeable.

Sadly insurance companies would rather roll over than fight, which is why if you are asked for your insurance company details by a solicitor(which you are not obliged to provide) and you say no, they usually go away. Strange that.

In this case the cafe admitted liability, so easy money, and a cheap advert into the bargain for the solicitors.

LordAshOfTheBrake says...
2:25pm Fri 27 Jan 12

@Disco 20. Well said.

How does someone trip and go flying 9ft anyway! Were they running? When my grandmother tripped and fell at home she simply fell in a heap.

Wonder how many people are going to be looking to have an accident around Swindon now the Adver have done the lawyers advertising for them.

blahblahblahblah says...
2:58pm Fri 27 Jan 12

I just tripped on a sandal in the carpenters in south marston. I flew 60 feet and fell in to a life boat

The-Swindon-Man says...
4:28pm Fri 27 Jan 12

Back in September 2011, my 84 year old Gran-Aunt fell over in the Brunel Centre and broke her hip and spent around 10 weeks in hospital. This was at fault of a certain stall that still trades in the Brunel Shopping Centre.

Did she claim? No.
Does she want to claim? No.

StillPav says...
4:38pm Fri 27 Jan 12

How is a figure of £75,000 justified? A 70-year old can't exactly claim for loss of earnings.
.
All because of the "wrong type of mat".
.
It beggars belief.

Mystery Mike says...
4:54pm Fri 27 Jan 12

" I wasn't going to claim because I knew the owner, but then I thought, nah, s0d it! I could do with a few grand! I'll milk 'em for all they're worth!"

75 grand? It's not like she was losing any earnings at her age was it? This whole thing just reads like one of those tacky TV ads. I wonder how much this journo got bribed for?

StillPav says...
5:08pm Fri 27 Jan 12

How is a figure of £75,000 justified? A 70-year old can't exactly claim for loss of earnings.
.
All because of the "wrong type of mat".

PJC says...
5:49pm Fri 27 Jan 12

I got approached by one of these firms once, and they were very agressive and refused to believe that I or my family had never had an accident that wasn't someone else's fault. It wasn't this particular company, but I told them where to go sharpish.

Punctured bicycle on a hillside says...
7:11pm Fri 27 Jan 12

Who in their right mind would dismiss £75k as 'against their principles'?

Get real people, you'd be a mug not to.

Welcome to the American culture of blame equals claim, that's what we have to live with from now on.

supersaver says...
7:49pm Fri 27 Jan 12

How much did Armstrong-James receive?

scottwichall says...
9:04pm Fri 27 Jan 12

supersaver wrote:
How much did Armstrong-James receive?
Probably 30% at the very least I suspect.

Gelatine magic says...
9:39pm Fri 27 Jan 12

How many times does she, or it, have to say shoulder? The mat was the wrong density. Do you think it meant to say thickness? Density. Did she, or it, take it to a lab and measure the capacity of water it displaced? I very much doubt it. And if it, or she, did do it, how awful to waste the valuable time of scientists exploring mat density. Shame on those scientists taking her money, simply to do something she, or it, could do in her own bath, using water, a mat and a bath. Why is she (or it) forced to use up her own time, why not use scientists? It's hardly like their time is valuable. I hope she gets a good settlement from these thieving scientists. Mat physics isn't even a real branch of science!

greenpacer says...
12:24am Sat 28 Jan 12

Pick your feet up next time lady!!

at home says...
3:04am Sat 28 Jan 12

“They came to see me when I was in hospital the first time." now there is bedside manner... I wasn't going to claim til I realised I could get £75k, after all they are covered by the insurance, no wonder everyone has to pay through the nose for cover now! yes, feel sorry for the lady involved. Also feel sorry for Lanterns who would have been dragged through the mill emotionally as well.

TinkeyWinkey says...
12:20pm Sat 28 Jan 12

Totally agree with Disco20.

Knobfm says...
2:01pm Sat 28 Jan 12

I once drank a pint of my own beer.
I poured it myself.
I saw the grizzly sediment at the bottom of the unwashed glass, but I drank it regardless.

The next day I had a belly ache which forced me to spend more time than usual on these threads.

I forgot to open the pub and both my customers went home.

Later, whilst writing my book of abbreviations, I poked myself in the eye

Who do I contact for £75k ?

Gelatine magic says...
8:02pm Sat 28 Jan 12

A poor old lady, forced into a downstairs existence because of multiple shoulder injuries due to heartless cafe owners placing a magical mat in the wrong place. A mat with the ability to throw a pensioner 9 feet and knock over every table in the place as soon as a foot is placed on it. Is this mat a judo expert? She is now 50% of what she used to be. Does this mean in order to get around, she lies on a skateboard and extends one gloved hand, pulling herself about by means of the skirting boards? I recon she saw that mat, realised the density was wrong, and ran at it full tilt, shoulder forward. Couldn't afford oil to heat the house. Well, you managed to find the money to fund scientists to do your dirty work, didn't you.

DanTheBear says...
10:13am Sun 29 Jan 12

Bear in mind tho that whether or not this woman's claim was valid - the fact is that without companies such as this she would not have been able to take action against the cafe - legal aid is virtually impossible to get for civil actions...which has implications for all of us.

itsamess says...
8:36am Mon 30 Jan 12

Disco
Hard to avoid as there are so many ads on tv and radio and media. Same with PPI.

itsamess says...
8:46am Mon 30 Jan 12

Disco
Hard to avoid as there are so many ads on tv and radio and media. Same with PPI.
Surely insurance companies and the banks and lenders--who have been told PPI has been mis-sold could repay these monies and save the extra 30%+ costs of private companies.

I 2 Could B says...
8:30am Tue 31 Jan 12

How unfortunate for Lanterns that one of their regular customers was a 70-year-old expert in mat related Health & Safety regulations.

As the mat concerned was so obviously inappropriate, I'm sure we'll be reading of many other examples of people immediately being catapulted 9ft through the air upon touching it.

Given that she knows the cafe owner and is an expert in flooring, maybe the lady would consider buying the owner a mat she feels is safe enough for human use out of her 'winnings'. After all, cheeeldren may have to walk across the mat at some point, won't somebody please think of them in all this!

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