Dubbo lady receives $120,000 compensation payout after slipping in rented property

Published 28 Oct 2016

Mrs M was residing in rented property. She contacted the landlord to remove lino in the kitchen area. The landlord arranged a contractor to remove the lino and replace it with lino tiles. The contractor secured the doorway joining the lounge room and the kitchen with a plastic strip to hold down both the plastic and the lino. Over time the plastic strip became loose and the carpet rolled back. Mrs M tripped on the rolled back carpet landing heavily onto the ground causing her to break her hip. As a result of the injury, Mrs M had to undergo a hip replacement.

Action taken:-

Mrs M sought advice from our firm as to whether or not she had any rights for compensation. A file was opened on behalf of Mrs M on the basis that she did have rights to sue the landlord in circumstances where she had complained about the old carpet and in circumstances where the repairs to the property were inadequate. Mrs M sued both the landlord that the contractor who came out to install the lino tiles. Proceedings were commenced in the District Court of New South Wales. Medicals were arranged for Mrs M to be assessed by an Orthopaedic Surgeon, a Psychiatrist and an Occupational Physician. The purposes of these assessments was to ascertain the nature and degree of Mrs M’s injuries, her need for ongoing future treatment and her need for ongoing past and future domestic care and assistance around the home. The occupational therapist’s assessments was particularly important because Mrs M was elderly. Prior to this accident Mrs M was able to look after herself and enjoyed various physical activities such as tennis, bowling, bingo and after the accident she was unable to take part in any of these activities due to her injuries and required the assistance of her partner on an ongoing basis.

After all the medical evidence was received a report was commissioned from a liability expert to comment on the inadequacy of the plastic strip that was used and the screws that were used to secure both the lino tiles and the carpet.

A settlement conference was thereafter arranged with both the contractor and the owner of the property and after extensive negotiations the matter was resolved.

Conclusion:-

Mrs M received $120,000.00 compensation as a result of the negligence of both the contractor and the owner of the property. If you have been involved in a similar accident in rented property and you are unsure as to whether or not you have rights to pursue a claim for compensation, please do not hesitate to contact us for a free no obligation consultation with one of our Accredited Personal Injury Specialists on our toll free number 1800 004 878.