Case Study: Personal Injury suffered due to unsafe pavement

28th Aug 2025

Author: Butcher & Barlow

What happened

Five years ago, while walking through London on a work trip, Rachel* suffered a serious injury due to unsafe pavement conditions. A large gap between a set of basement covers and surrounding paving slabs caused her left foot to roll into the space, making her fall and land with full force on her right leg. The result was a devastating ankle injury, broken in three places, that required immediate emergency care.

Thanks to quick-thinking colleagues, photos of the hazard were taken within hours, and further measurements were later collected by her cousin. These formed the basis of Rachel’s legal claim.

The Impact

The physical consequences of the accident have had a lasting effect. Rachel’s recovery plateaued at the two-year mark, as predicted by her NHS consultant, but the condition has since worsened. She has developed arthritis in the joint, lives with daily pain, and has limited mobility. These limitations have affected her quality of life, especially as a mother to a young child, whom she often cannot lift due to weight-bearing pain and restrictions.

Rachel is now on an NHS waiting list for further surgery but faces delays. Her claim includes a request for private surgery funding to avoid further suffering.

What we did

Rachel was referred to Butcher & Barlow by a friend who had previously worked with the Firm. She was introduced to our Personal Injury Department, who immediately recognised the potential of her claim. The team carefully gathered and evaluated evidence, including medical reports, expert opinions, and photographs, over a 2.5 – 3 year period. This groundwork was essential to meet the legal requirement of submitting the claim within three years of the incident.

Court proceedings were issued in February 2023. Despite repeated attempts to reach a settlement, the Council in question declined all offers and chose to proceed to trial. Butcher & Barlow stood by Rachel, getting everything ready for court and making sure nothing was missed along the way.

One significant hurdle occurred when the initial highways expert sadly passed away. This risked undermining the strength of the claim. However, the team at Butcher & Barlow acted swiftly, securing a replacement expert and obtaining the court’s permission to rely upon the new evidence, so Rachel’s case could move forward without disadvantage.

Throughout, Rachel has praised the Firm’s support, highlighting our clear communication, quick responses, and ability to translate legal jargon into everyday language.

Continuing support

The case is now scheduled for trial in late 2025. Rachel continues to suffer from the impact of the accident, both physically and emotionally, but is optimistic about achieving a resolution with our continued support.

While the claim remains ongoing, Rachel said:

I’ve no regrets about pursuing legal action. The team has made a really difficult process as manageable as possible, and I’m so grateful for the way they’ve handled my case.

We remain fully committed to supporting Rachel through the final stages of this case and to securing the best possible outcome for her and her family.

 

If you or someone you know has suffered an injury due to unsafe conditions, our Personal Injury Team is here to help. We will take the time to understand your situation, explain your options clearly, and support you every step of the way. Contact Butcher & Barlow today to see how we can help you move forward.

 

* Name changed to protect the client identify.