Public Liability - slip at home from carpet cleaning

Published 19 Aug 2010
Gerard Malouf, Vrege Kolokossian, Juliana Nikolovski

The Plaintiff, Dr Ainslie Robinson, in this matter entered into a contract with the Defendant, Wallera Pty Ltd aka Electrodry Carpet Cleaning, for her carpet to be cleaned at her house. This took place on 6 December, 2007. The Defendant left liquid on the floor and as a result, the Plaintiff slipped and fell, injuring her left arm, wrist and hand and developed nerve damage to her left hand and fingers.
 
As a result of her injuries, the Plaintiff was transported to the Royal North Shore Hospital by ambulance and subsequently underwent an operation.

Also as a result of the subject accident, the Plaintiff incurred out of pocket expenses (and these will continue into the future) and she also required domestic care and assistance.

As the Plaintiff was an academic at the time of the fall, she also incurred extensive past economic loss and will incur economic loss into the future as she is no longer able to perform certain academic tasks as a result of the subject accident.

Being a public liability matter, the case would be subject to the provisions of the Civil Liability Act (NSW) 2002. Instructions were obtained on or about 14 August, 2008 and a Statement of Claim was filed with the Sydney District Court in or about November, 2009.

General, or pain and suffering damages were claimed as were past and future out of pocket expenses and past and future care provided and to be provided by family members and past and future economic loss.

Extensive medical evidence and economic loss documents were obtained in order to substantiate the Plaintiff’s claim for same.

We then arranged for the Plaintiff to be assessed by an orthopaedic surgeon to assist in assessing the quantum of the claim.

Once all the reports and clinical records were obtained, a Summary of Damages was prepared and the Defendant’s solicitors were invited to an Informal Settlement Conference. Negotiations continued over the next couple of days.
 
Eventually, the Defendant’s solicitors conveyed their client’s final offer of $210,000.00 all inclusive on 19 August, 2010. That offer was suitable to the Plaintiff and instructions were received to accept the offer. Accordingly, the matter did not proceed to Hearing (it was listed for Hearing on 1 and 2 September, 2010).

Gerard Malouf, Vrege Kolokossian and Juliana Nikolovski worked hard as a team and fought aggressively to ensure the Plaintiff was adequately compensated for the damages and losses caused by the Defendant. Vrege Kolokossian agreed to reduce costs to benefit the client and to ensure she received further fruits of the settlement.
Overall, the matter was completed in close to two years.