Stag do party-goer receives £150,000 after leg break at Loch Tay airsoft

What should have been a weekend of fun with friends quickly became a life-changing ordeal for John Byrn. 

The 28-year-old was engaged in airsoft Boreland Farm, Loch Tay – an activity similar to paintball where the weapons fire foam pellets.

However as he ventured through a wooded area he plunged six feet down into a ditch.

John suffered multiple fractures to his right leg and had to be taken to Ninewells Hospital in Dundee by air ambulance.

Recalling the moment, the dad-of-two from Rosewell, Midlothian said: “As soon as I touched my leg I said ‘No, that's not good. 

“I knew straight away it was broken - I could feel the bone jagging the underside of my skin.”

John’s injury unfortunately proved more serious than first thought. 

He needed extensive surgery to treat his leg which had broken in multiple places – this meant the needed plates and screws inserted.

John was then restricted to crutches for three months and needed ongoing physiotherapy to help build his strength and mobility.

He spent months unable to bear weight on his leg and his wife – who just found out she was pregnant two weeks before the accident – became his primary caregiver.

Another massive issue that affected the household though, was that John – a self-employed bathroom fitter – was unable to work for nearly a year. 

Describing the impact of his accident, he added: “We'd recently come back from our honeymoon and I’d gone from being so lucky and having everything planned to not knowing what the hell is going to happen in my life.

“I just had to keep borrowing money off my dad.

“By this point, the mental injuries were way worse than the physical injuries.”

It was at this point that John spoke about his stresses to a friend – and that friend then recommended he speak to Digby Brown. 

From there, John met with Catriona Headley, Partner in our Edinburgh office, and she began the process of securing him compensation for his accident in a public place.

Catriona investigated the owners at Boreland Farm and gathered the evidence needed to build a strong case like witness statements and medical records. 

She also scrutinised the airsoft risk assessment and felt there was strong evidence to show that John had not been given guidance on designated ‘play zones’.

Catriona believed the massive ditch John fell into was a “reasonably foreseeable hazard” that could have been addressed with a rope or warning – or gamers could simply have been warned to stay away from that area.

At first, the insurance company for the farm admitted liability but also tried to claim John was partly responsible for his accident – and they also said that because of this, he should have his compensation reduced.

However, Catriona refused to accept such terms and continued with a legal action – in the end, the case settled through negotiations and with no deductions meaning John got every penny he was entitled to.

Specialist physical therapy and psychological support was also put in place for John to help him recover as fully and as positively as possible.

As John would not be able to return to his same work he got help in retraining – he developed IT design skills for CAD and manufacturing so he could enter a new line of work. 

And one massive thing that aided the Byrn house was that early on in the case, Catriona was able to secure £21,000 of interim payments to help John and his wife cover domestic costs.

The insurance company for the airsoft venue made a formal offer to settle the case for £94,000 – but Catriona advised John to reject this as the evidence and calculations she had worked on showed he was entitled to more. 

The insurer then came back with another offer of £129,000 which was accepted – this meant that in total John received £150,000.

Welcoming the positive outcome, John said: “I only wish I came to see Catriona sooner because when I did finally seek legal help it was more than a year later so I wonder how much better things could have been if I made the call during my recovery instead of waiting until the end.

“Catriona not only helped lift the financial burden but she helped me feel positive about everything and was super transparent in the way she communicated with me. 

“No amount of money can ever change what you've gone through but Catriona definitely helped me in ways I didn’t know I needed.”