Lady walks into clear glass window display not fitted with markers, suffers injuries and recovers substantial damages
Published 10 Sep 2015
Our client was shopping at a large shopping centre in Merrylands in September 2013. She was with her daughter at the time.
She was walking toward the entrance of a shop when she walked into an empty window display which was constructed of clear glass and was not fitted with safety markers.
As a result of this she fell backwards and heavily to the floor sustaining serious physical and subsequent psychological injuries.
We sued the shop in negligence for our client’s injuries, losses and damage.
She was 47 years of age at the time.
The Defendant admitted breach of duty of care although they sought to challenge the issue of causation in terms of mechanism of the injury and that it was due to other causes. This was rejected by our client and her daughter.
The shop in question ultimately settled the case before the Hearing and the Plaintiff was awarded substantial damages for her injuries and permanent impairment arising from the accident.
Our client was a 47 year old lady who was attending a large shopping centre in Merrylands for the purposes of shopping with her daughter.
As she was walking to the entrance of the shop in a large shopping centre, at Merrylands, she walked into an empty window display. The window display was constructed of clear glass and was not fitted with safety markers. She fell backwards heavily and onto the floor. She had blood coming from her nose. She was taken by Ambulance to Westmead Hospital for treatment.
Our client alleged that the shop in question should not have placed a window display constructed of clear glass and not fitted with safety markers empty so as to not ensure that the appearance of the window display was adequately distinguishable from the entrance door to the premises of the shop.
We sued the owners of the shop in question for damages for negligence.
The claim was for a general damages for permanent impairment pain and suffering, past and future medical and treatment expenses and past and future care arising from her injuries and disabilities arising from the accident.
Our client was medically examined and assessed a number of doctors on the part of those parties.
The matter was listed for Hearing in November 2015.
The Defendants settled the claim prior to the Hearing proceeding in the matter.
Our client received a substantial award for damages in respect of injuries to her face, fractured nose, neck, back, left knee and her psychological injury. Medical reports were obtained from treating doctors and specialist and medico-legal assessments specialist to verify the nature, extent of her injuries, loss and damage.
This was a significant victory for an injured party considering the nature and circumstances of the injury, the fact that the shop admitted liability for negligence and the claim being resolved within a very short period of time.
Even a female shopper who suffers injuries as a result of walking into a window display that was constructed of clear glass and was not fitted with proper safety markers and suffer subsequent injuries, is entitled to proceed in a claim for negligence against the shop in question even if the accident occurs in a large shopping centre at Merrylands in the State of NSW.
Our client was able to sue the shop in question and receive a substantial award of damages and compensation for her permanent injuries and disabilities arising from the accident.
If you have suffered injuries and disabilities as a result of a fall and an accident at a large shopping centre, you may be entitled to receive an award for compensation as a result of establishing negligence against the shopping centre and/or any shop in question which have left you with permanent injuries, loss and damage and which may adversely affect your ability to lead a normal life in the future.
For a free no obligation consultation, please contact us on our toll free number, 1300 768 780 so that an appointment can be arranged for you to attend to protect your legal rights.