NSW South Coast woman receives $225,000 in compensation after tripping on a damaged telecommunications pit lid

Published 14 Sep 2017

This matter involved a NSW South Coast woman who suffered injury after tripping over a damaged pit on a footpath which belonged to a well-known telecommunications company. At the time our client tripped, she was walking a short 5 minute walk home after spending time with friends at a local restaurant.

As a result of tripping, she suffered serious injuries including a fracture to the right fibula and a fracture to the right ankle. As a result of these injuries and subsequent surgery which she required, our client’s life was impacted greatly. Immediately prior to the accident she was preparing to return to the workforce and had interviews with prospective employers arranged. As a result of her injuries, she was unable to pursue these opportunities or return to the workforce as planned. Furthermore, she was unable to carry out any of the pre-injury domestic duties she was responsible for at home and had no choice but to rely on her teenage daughter to provide her with assistance.

As she was coming to terms with her injuries and the impact they were having on her life, she approached Gerard Malouf and Partners to enquire about pursuing a public liability claim for compensation. Richele Nelsen, one of our experienced compensation lawyers, obtained detailed instructions about the circumstances of the slip fall accident and formed the view that the case had merit. Ms Nelsen took carriage of the matter and commenced proceedings in the District Court of NSW on the basis that the company who owned the pit failed to maintain the pit covers to provide for safe pedestrian access and were therefore negligent.

Our experienced compensation lawyers briefed an experienced senior barrister to assist on the matter and quickly obtained all relevant medical records of the client. We proceeded to have our client assessed by an expert orthopaedic surgeon to provide a report which was used as evidence in respect of the extent of our client’s injuries and requirements for past and future treatment and care.

Mindful of the lengthy and expensive nature of protracted litigation, Ms Nelsen arranged for the parties to participate in an informal settlement conference. After lengthy negotiations, Ms Nelsen was able to secure a settlement figure of $225,000 in personal injury compensation for our client. 

If you have been involved in a slip and fall accident in a public place and you feel you may be entitled to make a personal injury claim for compensation, please contact our specialised team at Gerard Malouf and Partners today for advice on pursuing a public liability claim.