Newcastle man receives $70,000 for burn due to faulty gas bottle

Published 01 Mar 2018

A Newcastle man has received $70,000.00 due to a faulty gas bottle. The gas bottle had recently had a new part installed. As the man went to press the ignition button, the gas bottle has combusted, causing him to sustain a burn injury to the face.

The injuries to the clients face healed relatively well over time, however he did have ongoing sensitivity to sunlight, decrease in pigmentation of the skin and an increased risk to skin cancer going into the future.

At the time of the subject accident our client was working part-time and was performing various domestic tasks around the home. As a result of the accident, he found that he avoided working in the sunlight. Accordingly, he would not perform his gardening duties unless it was very early morning, or late afternoon, and he attempted to remain indoors for work.

This man attended upon the expert compensation lawyers of Gerard Malouf and Partners for a free consultation. During this consultation, our compensation lawyer discussed the claim generally with the client, on a no obligation basis. The client was advised from the outset that our firm operates on a no win no fee basis, and was advised that the costs of the claim would be covered by the firm for reimbursement upon settlement. Our client was happy for our firm to commence acting on his behalf.

Our expert personal injury lawyer arranged for this client to be assessed by a specialist doctor, and put potential defendants on notice of legal action. Once we have put potential defendants on notice, we request documentation to assist in determining liability of the claim. In these circumstances, we were able to ascertain the correct party responsible and commenced legal action accordingly.

Upon commencement of the claim in the District Court of NSW, it is often the case where our accredited personal injury specialists will serve subpoenas on the defendants. This compels defendants to give certain pieces of documentation to allow for the thorough investigation of the claim. With this evidence in hand, the expert compensation solicitor can determine what, if any, further evidence is required. As it is the role of the Plaintiff to prove the case being brought against the Defendant, it is often the case that an expert liability report is required.

Given the information on hand, our public liability solicitor decided there was enough evidence on hand to invite the defendant to an informal settlement conference in an attempt to settle the claim.

The claim was unable to settle on the day, however negotiations were ongoing thereafter. After a couple of days of back and forth negotiation, our client was happy to accept the offer of $70,000.00 being put by the defendants.

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.