We received instructions to investigate a claim relating to our clients slip and fall in Woolworths in February 2018, where she sustained a fracture to her right fibula and tibia. She was immediately transported to Westmead Hospital where she underwent a two-stage open fracture reduction and internal fixation. Proceedings were commenced against the Supermarket in the District Court of NSW.
In order to prepare this matter for hearing, we obtained an expert report from a plastic and reconstructive surgeon, a rehabilitation consultant as well as an Occupational Therapist. Our expert evidence indicated that our client sustained an array of damages including surgical scarring, distal tibial and fibular fractures, numbness of the right foot and ankle and stiffness and pain in the right knee and ankle joints.
Public liability refers to the responsibilities owners or occupants of a public space have to protect anyone who enters. If the owners or occupants fall short of these responsibilities, resulting in an injury, a case for compensation can be made.
Some of the most common incidents covered by public liability law include:
Following an initial meeting, the first task will be to establish the general facts of the case. This will include your medical diagnosis, which will need to be confirmed and documented by a doctor; and proof that the person or company at fault owed you a duty of care, which will need to be demonstrated. Together, this will show that your injury occurred when they breached that duty of care.
From there a further investigation will proceed—contacting and interviewing witnesses, speaking with expert consultants, and more—all in order to bolster the strength of your case even further. Only once this process is complete, and your claim can be demonstrated and proven in full, will the process move on to the next step.
Public liability claims enable you to recoup the financial and emotional costs of suffering an injury due to someone else’s negligence. Defendants regularly offer monetary settlements to claimants, particularly if they acknowledge liability and believe they would lose in court.
But should you accept the settlement or proceed to the later stages of litigation instead, where a judge will have the final decision? Every case is different, but here are some of the factors you may wish to consider before making your choice:
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