Public liability case from brain injury after a fall in a churchyard

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Angela was visit the church in Lyndhurst High Street for a choir practice. Arriving in daylight, she climbed the steep steps to the church entrance. After the practice, she left in the dark and, while descending the same steps, her foot turned, causing her to fall and hit her head on the concrete.

Angela suffered a life-changing brain injury, resulting in permanent cognitive difficulties, headaches, dizziness, and an increased risk of epilepsy. She now experiences anxiety, especially around stairs, and seeks alternative routes or support.

Her claim, filed under the Occupiers’ Liability Act 1967, was complicated by the church and their insurance company’s refusal to accept liability. They initially blamed the Local Authority for poor maintenance and lighting, despite never raising these issues before.

Angela and witnesses contended that the lamp post at the top of the steps was either off or too dim to be effective. Despite the church’s claim that the light was on a timer, multiple visits confirmed the light did not reliably turn on. An engineer’s inspection revealed that even if the light was on, it was far below the required safety levels.

Faced with this evidence, the church’s insurance company admitted liability, acknowledging the Local Authority was not responsible for the lighting. Medical expert reports helped assess damages, leading to a settlement that avoided court. Angela is now adjusting to her new reality, accepting the physical and psychological impacts of the accident.

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