Corries have won a case turned down by other lawyers.
Corries have won a serious injury Go Kart accident case turned down by national solicitors and a barrister and have won five figure compensation.
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A 31-year-old woman has won a four-year battle for compensation for injuries she suffered in a serious go-kart accident in June 2014
The Go Kart case study
Our client Miss D went with her partner and some family friends to a pre-booked go-kart event. Twenty minutes later she was put into a kart. It was a figure of eight circuit with some tight bends and a bridge. The party were given a disclaimer to sign, handed overalls and helmets and went on to the track.
Miss D was called over by the instructor and shown the brake and accelerator pedals. No other instruction was given. There was no practice lap nor instructions on how to drive or how to handle the demanding tight circuit.
She asked if her seat could be moved to make it easier for her to reach. This was refused. Miss D asked for help and was told by the instructor to “just go for it mate”
As her legs are quite short Miss D struggled to get her feet to fully cover the pedals. She was reassured that it was fine. She had to slouch down in her seat to cover the pedals. Miss D struggled throughout the drive. When at a corner she took her foot off the accelerator. There was no seat belt in place. She kept slipping down in the seat.
While approaching a bend she felt a jolt which caused her to lose her grip with the left foot causing it to slip further down. Her chest jammed against the steering wheel and she could not steer. As she tried to push herself up the accelerator engaged and she hit a barrier.
Miss D suffered severe pain to her right leg and was thrown out of the Kart. Paramedics attended and cut off her jeans. She was put on a spinal board.
Doctors found a fracture of her tibia was admitted to a ward. Miss D needed surgery on her leg and knee with metal plates inserted to stabilise it.
The second time round
Miss D went for advice from a nationally advertised solicitor. They turned the case down. She saw our advert and thought she would get a second opinion.
We thought straightaway that there were failures by the go-karting staff.
Therefore we felt that there were four factors to consider:-
- Miss D was not properly strapped in
- Her overalls did not fit
- Her seat could have been moved or modified to suit her frame
- The accident was clearly foreseeable and some care and instruction and a few seconds could have avoided the accident.
We took the case on.
The third lap
Whilst we supported the claim we thought it a good idea to check if a barrister would support the case if it went to trial. We approached a senior barrister with many years experience. He did not think the case would win and would not act for Miss D.
Undeterred we put the case to the defendants and instructed a medical expert. This evidence showed that Miss D had suffered a severe leg injury and had to have placed to hold a fractured part of the leg together. She spent five months on crutches and continued to suffer with her job in hairdressing. Sadly she was left with a limp and dragged the leg.
The Defendants approach
The Defendants denied the case from start to the very end. No positive case was put forward. Furthermore they argued that they had given full instructions and that Miss D had not listened or had not taken enough care.
The case was listed for trial for November 2018.
The Final lap
Corries team took this case seriously. We approached another barrister as we felt Miss D should win. After a long conference with Miss D and ourselves the barrister agreed to work with us on the case. As a result we issued court proceedings and made a battle plan. Our team got supporting statements. We remained robust and would not let the case rest.
Just one week before the trial the defendants made an offer in settlement close to the value of the claim. Miss D secured £25,000 compensation.
Go Kart Win – our comment
Corries Solicitor Charlie Bradley who won the case commented
“Go Karting is meant to be fun. However this fun should never be at the expense of safety. I was determined to win this case for Miss D. Even though a leading national firm and a barrister turned the case down I felt we should fight her corner.
We have a network of experts and barristers we can call on. I always thought that Miss D would do well in court. The crux of the case was that simple inexpensive safety measures and a bit of thought could have avoided this accident. A bit more care and attention with instruction, moving the seat and making sure of proper strapping in could have been done in a matter of seconds. Miss D was lucky not to suffer a more serious injury.
This was a case that I could have easily turned down. Miss D has got a settlement which will help her in the future. I hope the Go Kart site learns lessons for the future”
Corries offer a free second opinion service if your case has been turned down by your lawyer. If you have had an accident then give us a call for a FREE no obligation chat. Call us now on 0800 655 6550 – our lawyers always go the extra mile.