Case study: £4,000 compensation for young child injured by falling kitchen countertop

Our personal injury solicitors were instructed by a father to help claim compensation for injuries his young daughter sustained after a newly installed waterfall kitchen countertop fell onto her foot.

Injuries sustained from an incorrectly installed countertop

At the time of the accident, our client, Miss L, was four years old.

Her father recently had a new kitchen supplied and installed in their home by a kitchen supplier, including a new countertop with a waterfall end. This is where the countertop goes all the way over the side of an island or cabinet onto the floor.

Only 48 days after the countertop was installed, our client was in the kitchen with her father, Mr L. She was standing by the waterfall end, peering over the countertop whilst Mr L was washing up.

Suddenly, the waterfall’s end fell away. As it slowly fell towards her, she initially tried to support it using both arms/hands but was unable to do so. The end continued to fall towards her and landed onto her bare left foot.

Claiming compensation for personal injury

Due to Miss L’s age at the time of the accident, her father (Mr L) instructed our personal injury solicitors to help claim compensation for her injuries.

We notified the Defendant’s (the kitchen company) insurers of the claim, who denied liability for the incident, alleging that the counter had been correctly installed. Our solicitors disagreed with the Defendant and were happy that prospects of a successful settlement remained above 51%.

Medical reports obtained

Our solicitors obtained copies of Miss L’s medical reports from a Consultant Orthopaedic Surgeon and a psychologist.

The reports confirmed that Miss L:

• Sustained a soft tissue injury to both upper limbs.
• Sustained laceration and nail bed injury to the left third toe. The nail fell off a few weeks after the accident, but grew back. Fortunately, she recovered fully within three months of the accident, with only minor scarring to her toe.
• Suffered with mood and sleep disturbance, irritability and anxiety, but she was expected to make a full recovery.

The claim was put on hold to see if Miss L’s psychological symptoms recovered in line with the medical reports. They did, so the case continued.

Claim for financial losses

Our personal injury lawyers collated details of Mr L’s financial losses he incurred because of Miss L’s accident. These included:

• The cost to repair the countertop.
• Additional care and assistance for Miss L, above what was usually provided to a four-year-old.
• The lost cost of pre-paid childminder sessions that Miss L no longer required.

Settlement offer

Our solicitors advised Mr L on what a reasonable settlement bracket would be and also that there was a risk Miss L could end up with no compensation as liability remained denied by the Defendant.

Court proceedings were issued and served. Our solicitors made a settlement offer of £4,500. The Defendant made a counteroffer of £4,000, despite still denying liability, which was accepted by Mr L.

Infant Approval Hearing arranged

As Miss L was a minor, an Infant Approval Hearing was scheduled.

An Infant Approval Hearing is where a Judge reviews a proposed settlement for a minor to ensure it is fair and in the child’s best interests.

The District Judge approved the settlement of £4,000. This has been placed into the Court Fund Office Account until she turns 18.

Contact our personal injury solicitors

If you’ve been injured in an accident that wasn’t your fault, our personal injury lawyers might be able to help.

Get in touch with our team for a free, no-obligation chat on 0117 325 2929 or fill out our online enquiry form.