City not liable for step injury
Date:Jul 05, 2019
A woman who was injured while walking and tripping onto a raised footpath has lost her case against the City of Sydney Council.
Appeal against trip granted
Back in 2013, a 57-year-old woman tripped and broke her hip stepping from a walkway to a raised footpath. The woman alleges that the incident wouldn't have occurred had their been a reflective strip indicating the change in height. In June 2014, a District Court ruled that the City of Sydney Council had breached their duty of care, liable for AU $750,000 in damages.
However, that decision was overturned in the Court of Appeal in June 2019, as they found that the trip could have still occurred had the reflective strip been in place.
What compensation can I seek for a trip, slip, or fall?
In New South Wales, negligence is governed under the Civil Liability Act 2002 (NSW), and is outlined as when someone doesn't exercise reasonable care and skill, resulting in an injury to themselves or others. In order to make a claim for negligence, three factors must be proven:
- The party owned the injured victim a duty of care.
- The party breached their duty of care.
- The breach in the duty of care resulted in injury.
In some instances of slips, trips, and falls, you may be able to claim compensation for injuries sustained. For example, if you had slipped in a supermarket on a wet floor, had there been no wet floor signs around you may be able to seek compensation for negligence. Compensation you may be able to seek includes:
- A payment to cover medical fees, including physiotherapy and rehabilitation.
- Cover for economic loss, including missed wages and superannuation.
- Money to cover pain, trauma and suffering resulting from the injury.
- Cover for future care needed to support injuries, including home modifications such as wheelchair ramps.
If you've sustained an injury from a trip, slip, or fall in a public space, it's vital to reach out to the expert legal team at Gerard Malouf & Partners Lawyers for assistance with your claim. For more information on how we can support your case, visit one of our offices for a free consultation.