Amputee wins £35,000 for fall on cracked step
A double amputee has been awarded £35,000 by the Department for Regional Development after falling on a cracked step in a Co Down housing estate.
Colin Adamson (44) sued after falling on the path at Kearney Gardens, Bangor, while visiting a friend in March 2007.
He fractured his elbow and needed major surgery.
Six years previously he was seriously injured in a road accident and had to have his left leg amputated above the knee and his right leg below the knee.
After the fall he had more surgery which resulted in severely reduced mobility in the left elbow which limited his ability to walk.
Although the area has since been Tarmacked, an engineer confirmed the steps he saw in photographs taken previously were dangerous.
In a judgment delivered last week but only just published by the Court Service, Lord Chief Justice Sir Declan Morgan accepted Mr Adamson's evidence about how the accident occurred.
Sir Declan said: “I consider on the probabilities that the portion of the flag close to the front of the step moved as a result of being cracked.
“I do not consider that the defendant has made out the defence under article 8 of the Roads Order, 1993, that it had taken all such care as was reasonable in the circumstances, since the evidence indicates that the foreseeable danger from cracked flags was not one which was taken into account.”
The judge added: “The plaintiff sustained a nasty injury which will impede his function in the longer term.
“I make an award of £35,000, which was a figure within the range offered by both counsel together with interest at 2% from the date of issue of the writ.”