Robert Smith settles claim at JSM for a below knee amputee at £1.5 million. Liability, contributory negligence and quantum remained in dispute.
The legal definition of personal injury is an injury to the body, mind or emotions and liability is classed as any responsibility, duty or obligation. Contributory negligence refers to the common law that if a person was injured in part due to their own negligence, they would not be entitled to collect any damages from another party who were supposedly liable. The term ‘quantum’ is part of the quantum meruit maxim and is used to indicate monetary damages in a personal injury case
Robert Smith acted on behalf of a quarry worker who suffered multiple physical injuries when he fell 30 feet from the quarry face, eventually culminating in below knee amputation.
Liability remained in dispute. The claim involved expert evidence on the geological condition of the quarry and the systems of work in place, in particular the restraint techniques for working at height. Contributory negligence was very much a live issue. There was a significant dispute between the parties on quantum. At JSM the parties reached a compromise in the sum of £1.5 million.