A woman’s relaxing day at a local spa ended in agony after she suffered a broken foot and torn ligaments.
She was injured while using an indoor Jacuzzi. The accident occurred as she descended the steps of the Jacuzzi. She was unable to see where to place her foot due to discolouration of the water caused by the oils being used. This resulted in her slipping on the bottom step and falling into the Jacuzzi.
Making a spa accident claim on a no win, no fee basis
Given the serious nature of her injuries she decided to seek legal advice and contacted our free accident helpline to find out whether or not she would have a claim. We agreed with our client that having steps which could not be seen through cloudy water was inherently dangerous and we offered to pursue a claim on a No Win, No Fee basis.
A Claim Notification Form was therefore sent to the insurers of the spa alleging negligence and breach of statutory duty under the Occupiers’ Liability Act 1957. After investigating the accident the insurance company got back to us with an admission of liability.
Following an admission of liability arrangements are usually made for a medical report to be obtained, detailing the nature of the injuries suffered. However on this occasion the spa’s insurers put forward an offer to settle the claim out of court before any medical evidence had been received.
We generally advise clients against settling a claim without a medical report. This is because you only get ‘one bite of the cherry’ with an accident claim. Once a case has been settled there is no going back, so claimants therefore need to be absolutely certain that the full consequences of the injury are known before they reach that decision. Seeking a medical report is usually the safest option as the expert will give a diagnosis and a prognosis. However, after discussing the offer of compensation with our client she decided to accept it. The amount was reasonably generous and understandably she wanted to conclude the claim and receive her money.
the offer was therefore formally accepted, with the insurance company also agreeing to pay the legal costs in addition. This enabled the claim to be concluded within 6 months of the accident occurring and us being instructed.