Shopper receives the sum of $45,000 after tripping on a ladder that had been left extended in the store

Published 13 Apr 2015

We acted for Mrs L who was shopping at a popular supermarket in Lithgow when she was escorted by a staff member who was going to show her to the aisle that contained the goods that she was after. As she was following the staff member, she tripped on a ladder which had been left extended by the staff members in the store, resulting in her falling over and injuring her knee and hip.

Mrs L reported the incident to the store manager and was transported by Ambulance to hospital where she was examined and discharged later that day.

Mrs L wrote a complaint to store manager and that complaint was forwarded to the insurer who then contacted Mrs L and made her an offer of settlement.

Upon receiving the offer of settlement, Mrs L was unsure as to whether it represented adequate compensation and she contacted the offices of Gerard Malouf & Partners in order to obtain further advice. When we spoke to Mrs L we informed her that the offer made by the insurer of $10,000.00 was inadequate because it did not cover her appropriately for her pain and suffering, her future treatment expenses and her need for future care around the home.

Mrs L instructed our firm knowing that she would be represented by a highly specialised accredited specialist in the area. Our offices arranged to have Mrs L assessed by an Orthopaedic Surgeon, Psychiatrist and an Occupational Therapist. The purposes of those assessments was to shed some light on Mrs L’s injuries and her need for future treatment and her need for future care.

Upon receipt of the reports an invitation was extended out to the insurance company inviting them to participate in a settlement conference. At that stage proceedings had been commenced in the District Court of Sydney in order to show the insurance company that Mrs L was prepared to take up the challenge and a fight and unless they prepared to offer appropriate compensation then she would run her case at trial.

If you are unsure as to your rights and entitlements contact us on our toll free number 1800 004 878 and arrange a free no obligation consultation with one of our many accredited specialists.

At Gerard Malouf & Partners we are large enough to fight the large insurers on your behalf but small enough to care intimately for our clients’ needs.