In March 2017, Mrs N was out walking with her friends in Kent. The group was walking along a public footpath which crosses a golf course.
Mrs N and her group of friends were approaching the teeing off area for hole number 10. They were still walking along the footpath and were in clear view of the golfers teeing off in that area, one of whom was the Defendant. Within the proximity of the tee was a sign stating 'GOLFERS BEWARE! WALKERS ON FOOTPATH. YOU ARE PERSONALLY LIABLE FOR ANY DAMAGE OR INJURY CAUSED.'
Mrs N was in close proximity to the teeing offer area and the Defendant had an unobstructed view of her. Notwithstanding this, the defendant teed off instead of waiting for them to pass, taking a shot towards Mrs N and the group of walkers with her.
The Defendant's golf ball hit Mrs N on the left hand, causing her to suffer injury.
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How We Helped
Following the accident, Mrs N suffered severe pain in her left index finger. She received physiotherapy treatment and steroidal injections through the NHS. She also had her hand in a splint for 6 weeks. The pain persisted for up to 14 months.
Neil pursued the Defendant, who was a litigant in person. This means that the Defendant did not have legal representation from a Solicitor or Barrister, and instead was representing himself.
Following initial negotiations with the Defendant, it became clear to Neil that he would have to issue Court proceedings, as the Defendant was unwilling to make any reasonable offers of settlement.
Once Court proceedings were issued Neil was then able to negotiate a settlement figure with the Defendant, comprising the Claimant's legal costs and damages and also taking into consideration the financial position of the defendant.
A settlement figure was agreed of £3,000 in damages, to compensate Mrs N for the pain, suffering and loss of amenity that she endured as a result of her injury.