Woman from Orange awarded $115,000 after slipping in supermarket
Published 05 Dec 2017
A woman has been awarded $115,000.00 after slipping in a supermarket in Orange. Our client was performing shopping duties and was waiting in the line at the cash registers. As she was in line, she has slipped on what appeared to be melted ice cream leaking from a nearby tub. This caused her to fall heavily and sustain injury.
At the time of the accident, our client was employed within the hospitality industry. She was in receipt of Centrelink payments and has since found employment elsewhere. When making economic loss claims it is always important to take into consideration any repayments to Centrelink. Occasionally, a small economic loss claim is not worth making if the Centrelink payback will exceed it. This is something that the expert public liability lawyers of Gerard Malouf and Partners are able to advise you on.
This lady attended upon the expert accident compensation lawyers of Gerard Malouf and Partners for a free consultation. During this consultation, a statement was taken on our client’s behalf which detailed the impact this injury had on her life. This statement is an opportunity for the expert public liability lawyers to gain an insight into just how our client’s life can be affected from these injuries and it also gives an understanding as to what damages can be claimed.
Following the initial conference with our compensation lawyer, we commenced our investigation of the claim. This included serving a Letter of Demand on the supermarket and requesting documentation and CCTV footage to assist with the liability component of the claim. Should this information not be forthcoming, there is always the option of serving a subpoena once the matter is filed in court to force the Defendant to provide the requested documentation.
Once our expert compensation solicitor was satisfied that the case had reasonable prospects of success, the matter was filed in Court. Upon filing the matter, a letter was sent to the Defendant requesting they concede that their floor is slippery when wet. One of the main points of negligence raised by our public liability expert was that when the supermarket floor is contaminated, it becomes slippery. Supermarket floors ought to uphold certain standards of slip resistance.
The other point which was being argued was the time in which the tub had been on the floor. For it to have melted and pooled, it would have been on the floor for a lengthy period of time. Accordingly, a proper system of cleaning on behalf of the supermarket would have prevented the risk of injury.
We then arranged for our client to attend upon medico-legal experts to assess her injuries. Once this was done, we were satisfied that the case was prepared for an Informal Settlement Conference and we invited the Defendant to participate accordingly.
On the day, as our client lived in Orange we arranged for her to be available via telephone. An Informal Settlement is completely in the hands of our clients. Whilst we can advise, ultimately it is up to the client to either accept an offer made by the Defendant, or to reject it. On the day several offers were made back and forth, and our client was delighted to accept the final offer of $115,000.00 by the Defendant.
If you or anybody you know has been involved in a public place accident please contact the expert personal injury solicitors at Gerard Malouf and Partners for a free consultation to discuss your legal entitlements.