68 Year Old Man Compensated for Injuries Sustained in Fall at a Western Sydney Shopping Centre Carpark
Published 10 Jan 2017
In this matter, we acted for a client who suffered injuries after tripping over an elevated pedestrian crossing in a dimly lit shopping centre carpark. As a result of the fall, our client fell heavily on the concrete ground, causing him to suffer a number of injuries.
Our client sought a personal injury lawyer to investigate his claim and contacted Gerard Malouf & Partners for advice on his rights and entitlements to compensation.
Upon our initial investigations it was apparent that there were two Defendants to these proceedings. One being the owner of the subject shopping centre, and the other being the occupier of the carpark in which the accident occurred.
It was alleged that the Defendants failed to take adequate precautions or warn legal entrants of the elevated pedestrian crossing and to ensure that the carpark was properly lit so as to avoid a risk of harm materialising.
Both Defendants denied that they were negligent in the circumstances of our client’s accident.
In order to assess the extent of our client’s injuries and ongoing disabilities, we arranged for our client to be examined by an orthopaedic specialist and obtained an expert report. The purpose of this report was to ascertain a diagnosis of our client’s injuries and disabilities arising from the subject accident and a prognosis as to the extent that his compensable injuries will impact upon our client’s future.
As the Defendants strongly denied that they were negligent in the circumstances, it was important for us to arrange a liability expert to view the premises and provide an expert report. We were able to arrange with the Defendants for our liability expert to attend the carpark for the purposes of providing a report. Having inspected the subject area, our expert came to the conclusion that our client was exposed to a risk of harm on the basis that the lighting in the area was inadequate and reduced the visibility of any markings on the elevated crossing.
Upon completion of the service of our client’s medical and liability expert evidence, we were in a position to invite both Defendants to participate in an Informal Settlement Conference with the prospects of resolving the matter. With all parties willing to negotiate and discuss the resolution of our client’s claim, we were successfully able to resolve the matter at this conference.
Our client was pleased with the outcome of his claim and to see his matter resolved in a timely manner.
If you have suffered injuries as a result of a hazard in a shopping centre or carpark complex, you may be entitled to compensation for your injuries. For a free, no obligation consultation, contact our offices on 1800 004 878 to arrange an appointment with one of our experienced solicitors.