Young girl receives $50,000 in compensation after falling in an inadequately covered drain

Published 12 Jul 2017

Our client was an 8 year old girl who fell into a drain on private property. She was walking to her mother’s car after her dance class when she travelled across a drain that was covered by a rusty sheet of metal. As she stepped on the piece of metal it gave way and her leg fell into the drain.

As a result our client suffered injury to her leg and arm, resulting in lacerations and significant scarring. Understandably the girl’s mother was also very upset at the danger that her daughter was exposed to. She came to us to find out if there was any way to receive compensation for the injuries her daughter had suffered and stop this from happening to anyone else.

We were happy to take on her case and argue that the owners of the property where the drain was located had breached their duty of care by not properly securing the drain opening. We briefed expert engineer who inspected the area and prepared a supportive report on liability. With this evidence we were able to commence proceedings in the District Court against the owners of the property.

We had our client assessed by an expert doctor to advise on the extent of the damage she suffered. Our expert prepared a report which allowed us to determine the fair amount of monetary compensation that our client was entitled to.

In the circumstances of this case, we felt it was worthwhile to attempt early settlement. We made an offer to settle the matter to the Defendant which was accepted. The client’s mother was happy that we were able to obtain a speedy resolution to the claim.

If you, or a loved one, have been injured due to the negligence of a property owner you may be entitled to compensation. We operate on a No Win No Fee basis and are happy to take on any case we feel has merit. Contact the experts at Gerard Malouf and Partners today for a free consultation to discuss your claim.