Case report: care manager suffers unprovoked physical assault and subsequent injury

Settlement: £135,000.00

The Claimant was employed by the Defendant as a care manager for adults with learning disabilities. In 2008, whilst taking an appointment with one of her clients she sustained an unprovoked physical assault. The client chased her out of her upstairs office and having reached the stairway, the Claimant attempted to keep hold of the bannister whilst she called for help. Before help could arrive the bannister gave way and she fell down the stairs. The Claimant fractured her back and sufferred a severe psychological reaction to the fall. Having admitted liabilty for the defective bannister the Defendant attempted to fight the case on the basis that the bannister giving way did not cause the injuries to the claimant (who has been out of work due to her injuries since the accident) as they alleged she would have fallen anyway as a result of the continued attack. . The parties eventually came to an agreement in terms of damages and costs in an out of court settlement in late November 2011.