Nick’s story: $3m+ public liability settlement after resort pool accident

The wet decking provided no grip, and with no safety barriers to prevent his fall, Nick plummeted approximately 2.5 metres down an embankment, landing directly on his neck.

“The pool was very poorly designed, so the entry point was right at the edge of the pool, where there was a slight ravine. The pool did not have any glass fences around it, so there was nothing to stop me from falling.”

The severity was immediately apparent.

“Instantly, I could not move any of my limbs,” Nick remembers. “I told my wife that I had broken my neck.”

Michelle’s quick thinking proved crucial. She immediately called for emergency assistance, and an ambulance arrived approximately thirty minutes later. On board was an Australian medic who quickly took control of the situation and arranged for Nick’s urgent evacuation to the local hospital. He spent 18 hours there before being medevaced to Australia for specialised care, as the facility lacked the resources to manage such a complex injury.

Nick’s injuries were catastrophic:

• Traumatic disc rupture at C2/3 fracture with incomplete quadriplegia
• Anterior epidural hematoma
• Abrasions to the right anterior ribs
• Non-displaced sternal body fracture
• Bilateral pleural effusion
• Three right flexor tendon injuries
• Lacerations to the right hand included injuries to three right flexor tendons
• Damage to the right ulnar digital artery and nerve

But that night was just the beginning. While Nick’s initial injuries were devastating, the true extent of their impact would unfold slowly over time

In October 2022, nearly three years after the accident, Nick suffered another major setback: a fall that resulted in a left hip fracture, requiring hip replacement surgery. This was the latest in a series of serious complications causally related to the spinal injury he sustained at the resort.

These included a partially occlusive thrombus in the right lower limb (identified on sonography in March 2020), a diagnosis of severe obstructive sleep apnoea following his discharge from hospital in September 2020, as well as a right hip fracture and septicaemia.

The road ahead would prove even more challenging than they could have imagined.

Before the accident, Nick lived an active, fulfilling life.

“Before my accident, I worked about 20 to 30 hours a week, travelled between my four campuses in Cairns, Gladstone, Brisbane and the Gold Coast constantly. I travelled overseas for holidays at least four times a year. I rode pushbikes with my friends almost daily, visited the gym three to four times a week, I was a professional musician for a big part of my life, and I played my electric guitars daily between one and two hours and had lessons every week.”

The transformation was immediate and devastating.

“My life in that moment was changed forever. For two years, I was unable to walk, move my arms properly or use my fingers, so ordinary things that I did on a daily basis were no longer possible.”

His thriving businesses, which provided vocational education and training courses domestically and internationally, ground to a halt.

“All of my work activities came to a halt for nearly two years, and I only made decisions on higher-level challenges. I was pretty much unable to do anything for quite some time until I was able to mildly get one finger around a keyboard, whereas before my accident, I could touch type at around 50 to 60 words per minute.”

Michelle’s life was equally transformed. Not only did she witness her husband’s horrific accident and its immediate aftermath, but she was thrust into an impossible situation: managing Nick’s care while trying to keep their businesses afloat. The emotional and practical burden was enormous, and she developed depression and post-traumatic stress as a result.

Nick acknowledges the toll on his wife.

“My family rallied around me. Supported me through this time, it was a very difficult period of my life and one that’s not over yet and probably never will be. Over the next five years, however, I was facing huge financial challenges if I didn’t take some action.”

Recognising the complexity of their situation, Nick and Michelle knew they needed expert legal guidance.

“Fortunately, I have some truly remarkable and supportive friends, one of which is a lawyer; she encouraged me to make contact with GMP Law,” Nick recalls.

In early 2021, Nick reached out to Senior Partner, Vrege Kolokossian. Vrege and the team soon commenced proceedings in the Supreme Court of Queensland against the resort operators, pursuing claims for both Nick and Michelle. The case presented unique challenges, involving international jurisdiction, complex liability issues, and the need to establish the resort’s negligence in maintaining safe premises.

Vrege reflects on the strategic approach.

“This case required meticulous preparation and a deep understanding of both public liability law and international litigation complexities. We had to establish not only the resort’s duty of care but also demonstrate how their failure to maintain safe premises and provide adequate safety measures directly caused Nick’s catastrophic injuries.”

Nick was particularly impressed with the team’s performance during mediation.

“It was truly fascinating watching you and your barristers at our settlement conference working with the opposition (a team of four, also highly experienced barristers and lawyers) to find the magical number that would keep my case out of the courts. Your team was no match for the opposing team.”

Vrege notes the importance of thorough preparation.

“Complex international liability cases require extensive investigation, expert testimony, and strategic presentation of evidence. We needed to overcome significant jurisdictional challenges while proving that inadequate safety measures at the resort directly caused these life-changing injuries.”

The successful resolution has provided Nick and Michelle with crucial financial security for their future. The settlement has alleviated enormous financial pressure while allowing Nick to continue receiving NDIS support.

As Nick explains: “I will never gain the full use of my limbs back, but I won’t ever have to be concerned about my financial well-being for myself or my loving, supportive wife for the remainder of my life or my wife’s future life when I do depart this earth.”

This case demonstrates GMP Law’s experience navigating complex international public liability claims, securing life-changing outcomes for clients facing the most challenging circumstances.

If you believe you have a public liability or holiday compensation claim, reach out to GMP Law. Our team of lawyers will help you maximise your claim in the minimal time possible.