Man fails to win compensation for brain damage

Published on 9 Aug 2010 under category: legal

A 28-year old man has failed to win a compensation claim for brain damage.
Jonathan Harvey fell over a fence on local authority-owned land in April 2003 and suffered bleeding on the brain.
After spending eight months in hospital following the accident, he has been left with mobility and communication difficulties.
The former rugby player claimed that the council had failed to maintain the fence, causing him to fall and injure himself.
At the time of the incident, Mr Harvey was drunk and had been climbing over a fence in order to run away from a taxi driver.
The council has been told to take 25 per cent liability for the incident, though the judge highlighted that Mr Harvey was mostly to blame.
Developers on the land could have entered into a commercial dispute if it was found that the land was not meeting health and safety standards.
A spokesperson for Plymouth City Council said: "This is a very sad case where a young man has been left with life-changing injuries.
"This was a tragic accident and the council has considerable sympathy for Mr Harvey."