AN, a tetraplegic cerebral palsy sufferer with a learning disability, brought a claim against her carer for failing to secure her wheelchair as a result of which she ended up in the public highway and was caused to fall out of the wheelchair. We successfully relied upon provisions in the Care Act 2014, The Management of Health and Safety at Work Regulations 1999 and the common law duty of care.
The client had limited speech and a learning disability, together with the fact that English was not her first language, instructions were sought from her Litigation Friend. The Claimant sustained injuries which included lacerations to her face, soft tissue injury to her neck and left shoulder as well as psychological trauma. Applying the legal maxim of ‘taking your victim as you find them’ and the words stating that those “who use violence on others must take their victims as they find them” seem to be solely attributed to Lord Lawton in the case of R v Blaue, heard before the Court of Appeal in 1975, the Claimants injuries were assessed by an Orthopaedic Consultant and a Clinical Psychologist.
The Claimants claim for pain, suffering and loss of amenity, Psychological trauma and treatment costs were successfully recovered in excess of £10,000.00 by way of settlement.