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Last Updated: Friday, 14 November, 2003, 13:38 GMT
Payout hope for light bulb fall
Light bulb
A man could be awarded substantial damages after a ruling that a fall in his home while adjusting a light bulb which left him disabled was partly the fault of the local council.

Fifty-year-old Ken Davies suffered spinal injuries - and can now only walk with the aid of two sticks - after he fell down the stairs of his council house in Denbigh in 1996 after a night of drinking.

Although he admitted drinking 10 pints of beer several hours beforehand, Mr Davies took legal action because the light fitting had been placed above the top step of his staircase, rather than above the landing.

In a statement, Mr Davies' solicitors said: "The alcohol element was only one small issue in this case and it was always conceded that a significant finding of contributory negligence would be made.

"Mr Davies, his wife and family are relieved about the outcome of the case. The incident had a devastating impact on them."

A judge sitting at the High Court in Chester ruled that while Mr Davies shared half of the blame, Denbighshire Council and the electrical contractors who fitted the light were also responsible.

As well as limited mobility, Mr Davies has limited feeling in his hands.

I know I will never be able to do things like play football with my grandchildren
Ken Davies

He has been told by doctors that his disability will never improve.

"I know I will never be able to do things like play football with my grandchildren," said the father-of-five.

He was injured when he fell down the stairs while trying to adjust a flickering light bulb in the early hours of the morning.

The house was owned by the old Glyndwr Authority but shortly after the victim's fall, Denbighshire Council was created and it inherited the legal dispute.

As the successor authority the judge ruled they were 25% to blame and a firm of electrical contractors who had installed the light fitting was also 25% to blame.

'Degree of comfort'

The main electrical contractors involved in the renovation of the council house were cleared of any blame.

"I am so pleased that Mr Davies will now be compensated to the extent that will allow him a degree of comfort," said his solicitor Robert Talog Davies.

No date has been set for a ruling on how much compensation Mr Davies will get.

In a statement, Denbighshire Council said: "The council feels it was fully justified in its decision to defend this claim and is extremely disappointed in the outcome of the hearing.

Nobody from the firm of electrical contractors was available for comment.




SEE ALSO:
1,000 die from stair falls
14 Jun 00  |  Health


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