Claimant Against Housing Commission, Injury Walking Down External Stairs

Mrs T was a lady in her early 30’s living in a Housing Commission home.

In 2002 she was walking down the back steps to hang out a load of washing and fell down the stairs fracturing her arm.

Pursuant to the Tenancy Agreement the Housing Department were required to on a regular basis carry out an inspection of the home. Had such an inspection taken place it would have been obvious to the Housing Department that the external back stairs were in a poor state of repair and the stairs themselves had no handrails or anti-slip provision.

The Housing Department failed to come out and inspect the property and failed to carry out any work to place suitable handrails.

Approximately a year and a half later again whilst Mrs T attempted to descend the stairs again to take out the washing she slipped and fell sustaining further injury.

Mrs T was no longer able to look after her 4 children, 2 of which were toddlers or to attend to the housework.

Mrs T attended the officer of Gerard Malouf & Partners, upon reviewing the facts and looking at the photographs it was clear that the Department of Housing had been negligent in that it failed to maintain the premises.

Mrs T instructed our firm to act on her behalf and a claim was made against the Department. Initially it was indicated to the Department that Mrs T would be prepared to resolve the matter without the need to go to Court and medical evidence was obtained from the hospital.

There was no response from the Department and subsequently proceedings were commenced in the District Court of NSW.

A claim on behalf of the Plaintiff, Mrs T, was on the basis she sustained two injuries and as a result of both she had significant disability and pain and suffering which affected her day to day life as well as impacting on the income of the family and the overall well being of the family.

Medical evidence obtained from her treating doctors and specialist doctors all of which confirmed Mrs T would have ongoing problems in the future and may require further surgery.

The Department in its defence tried to maintain that they were not responsible for the injury.

Gerard Malouf & Partners qualified at no expense to the client a report to be commissioned by an experienced engineer. That report confirmed the fact that the 2 injuries could have been avoided if the Department carried out proper inspections.

The total outlay of that expense would have been les than $300.00 to $400.00 which would have been insignificant in terms of the injury and damage caused.

Armed with the benefit of medical reports in support of the claim, engineer’s reports and the advice of an experience barrister, Gerard Malouf and Partners had attended to all matters to ensure the best possible outcome for their client.

It was pleasing to both the client and to the firm to be able to settle the matter for a significant amount of $150,000.00 which justified the view of Gerard Malouf & Partners that it was a significant injury which warranted significant compensation.

Gerard Malouf & Partners qualified medical experts to obtain independent reports, engineers and other liability experts in support of the claim and have experience barristers all of which overall assessment of each individual matter and provide their own independent views.

Gerard Malouf & Partners and its experienced staff all of which specialize in personal injury law pride themselves in the ability of ensuring that the maximum result is obtained on behalf of their clients.

Another important factor to bear in mind is that Mrs T’s claim is very much reduced by the changes in the law that were introduced in NSW State Labour Government which effectively have put a threshold on public liability claims which are now governed under the Civil Liability Act. It is for that reason that it is important to ensure as Mrs T did that when you are injured you have the services of solicitors such as Gerard Malouf & Partners who know the law and who are able to ensure that the best possible result is obtained on behalf of the client.

Read information about our public liability slip fall accident claims services.

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At Gerard Malouf & Partners we offer a service of the first consultation free to ascertain details of your claim & explain our services that only require payment if the action we undertake on your behalf is successful.