Problem: Simon arrived home late one evening to discover Ben breaking in through the back door. Simon yelled at Ben and seized the closest object to hand, which happened to be a large walking stick. Simon jabbed the sharp end into Ben's back and chased him out the house through the back garden. In the dark and his haste to escape Ben tripped over a coiled hosepipe that Simon had left in the path. He was still lying on the ground moaning when the police arrived. Unfortunately the sharp end of the walking stick has also provoked an old injury and now Ben will be confined to a wheelchair for the rest of his life and unable to return to his job of waiting on tables.
Required:
What legal action could Ben take against Simon and how likely will he be to succeed?