Example of a Particulars of Claim in Negligence/Occupiers Liability | LPC Help

11.2 Example of a Particulars of Claim

Case No. TR123456

IN THE MANCHESTER COUNTY COURT
BETWEEN

JANE LARKIN – Claimant

and

EMMA WHITE – Defendant

PARTICULARS OF CLAIM

1. On 20th January 2008, the Claimant visited the premises occupied by the Defendant at 109 High Street, Manchester, M13 2ZA,. The claimant had permission to enter the premises and as such was a visitor of the Defendant.

2. After the Claimant had entered the premises and whilst waking down the hall, she caught her left foot in a cracked floor tile, next to a flight of steps that led into the cellar. She then fell down the steps, injuring her left leg.

3. The claimant’s injury was caused by defendant’s negligence and/or breach of statutory duty under section 2 of the Occupiers’ Liability Act 1957.

PARTICULARS OF NEGLIGENCE AND/OR BREACH OF STATUTORY DUTY

4. The defendant was negligent/in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957 as she:

(a) Did not maintain the hall floor tiles

(b) Allowed the Claimant to enter an unsafe area of the hall.

(c) Failed to give any or adequate warning to the Claimant of the broken tile.

(d) Failed to take reasonable care for the Claimant’s safety whilst on the premises.

5. As a result of the Defendant’s negligence/breach of statutory duty, the Claimant suffered injury, loss and damage.

PARTICULARS OF INJURY

6. The claimant’s date of birth is 30th October 1984. The claimant suffered a left femur fracture. Following the fall, she was taken to Manchester Central Hospital. Her leg was placed in plaster which was removed after ten weeks. The Claimant ran aerobics classes four times a week at the local leisure centre but has been unable to resume these following the incident.

7. Additional details of the Claimant’s injury are contained in the attached medical report prepared by Mrs Molly Taylor F.R.C.S., dated … and served with these Particulars of Claim.

8. The losses incurred by the Claimant are set out in the Schedule of Losses served with the Particulars of Claim.

9. The Claimant also claims interest pursuant to Section 69 of the County Courts Act 1984 on the amount found to be due to the Claimant at such rate and for such period as the Court thinks fit.

AND the Claimant claims:

(1) Damages.

(2) Interest pursuant to Section 69 of the County Courts Act 1984 to be assessed.

STATEMENT OF TRUTH I believe that the facts stated in these Particulars of Claim are true

Dated.

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