Man receives $300,000 compensation after injuring himself on a defective chair at a fast food restaurant

Published 14 Mar 2016

Mr Y had finished work one evening and entered the premises of a popular fast food restaurant and ordered his meal. He carried his tray to the table and as he attempted to sit on a chair, the chair collapsed causing him to fall backwards and strike his back on a metal rod.

As a result of the accident Mr Y reported the incident to staff and he left.

Over the next few days he noticed increasing pain in his back and he consulted his family Doctor who recommended that Mr Y have various radiological investigations. The investigations revealed that Mr Y had suffered some significant injuries to his lower back which required referral to a Specialist.

Mr Y contacted our offices to enquire as to whether or not he was entitled to make a claim and he was advised that he did have a valuable claim that should be vigorously pursued.

Action taken

A conference was arranged for Mr Y at our North Parramatta offices and instructions were taken from him.

Counsel was briefed to provide an advice in relation to the issue of liability and upon receiving Counsel’s advice, proceedings were commenced in the District Court against the fast food store.

When Mr Y’s injuries stabilised medicals were obtained from his treating Doctors and he was sent to an Orthopaedic Surgeon, a Psychiatrist, an Occupational Physician and an Occupational Therapist to assess his injury and his need for future care and treatment. Upon receipt of those Reports, arrangements were made with the Solicitors who acted on behalf of the fast food store to discuss the matter at a settlement conference. Unfortunately, the Solicitors for the insurer refused to offer adequate compensation at the first conference and therefore we were forced to continue to prepare the case for Hearing.

A few days before the Hearing the Defendants contacted our offices indicating a willingness to participate in further settlement negotiations. This followed on from evidence that was served from Mr Y’s treating Doctors to say that he needed surgery and that he was unable to perform his job and had to give that up.

After extensive negotiations the matter resolved in the sum of $300,000.00 which represented an excellent outcome for Mr Y.

Conclusion

Mr Y was thrilled with the result and prior to engaging our firm he never imagined that he could achieve such an amount of compensation. The amount achieved would assist Mr Y in having his surgery and covering his loss of income whilst he looked for alternative employment. We helped Mr Y achieve adequate compensation and justice for his injuries.

If you re unsure as to whether or not you have a claim for compensation or if you have been injured in a similar fashion then please do not hesitate to contact our offices to seek advice at our first consultation which is a free consultation.

Please contact us on our toll free number.