Hotel restaurant pays $25,000 in compensation following slip and fall accident

Published 13 Jul 2017

Our client was a 56 year old woman who suffered a fall during dinner at a hotel restaurant in Sydney. The dinner was buffet style and while returning to her table from the buffet she slipped on a contaminant on the ground. The contaminant had caused the tiled floor to become slippery and hazardous.

As a result of her fall our client injured her neck, back and leg. Her injuries caused serious pain, discomfort, stiffness and restriction of movement and affected her ability to perform physical tasks. Additionally, she was unable to stand, walk or drive for long periods of time and she had difficulties with sleeping.

Due to her injuries she needed to attend regular physiotherapy sessions and required assistance from her husband to perform her household chores and domestic tasks. She was able to continue working but had to struggle through the pain.

We had our client assessed by an expert Orthopaedic Surgeon who detailed the level of impairment and ongoing disabilities that affected our client. With this expert evidence we were able to argue that our client deserved monetary compensation for the injuries she suffered.

We commenced proceedings in the District Court of NSW against the hotel restaurant. We alleged that the restaurant owed a duty to its customers to ensure the tiled floor was safe and free from contaminants that may cause someone to slip and fall. By failing to adequately clean the area the restaurant breached its duty of care to our client, and this resulted in her fall.

After both parties had served their evidence the court ordered that we engage in an informal settlement conference to attempt to resolve the matter. When the case did not settle at the conference we continued to engage in negotiations with the Defendant and were able to come to a compromise of $25,000 that was agreeable to both parties. The client was happy to have a resolution to her matter and compensation for the damage she had suffered.

At Gerard Malouf and Partners we are experts in compensation recovery in public liability claims. If you have suffered damage as a result of a fall at a restaurant, shopping centre, or other location we want to hear from you. Contact us today for a confidential free consultation to discuss how we can assist you on a No Win No Fee basis.