Cessnock man awarded $130,000 injury compensation after slipping in hardware store

Published 20 Jul 2018

A Cessnock man has been awarded $130,000.00 after slipping in a hardware store. Our client was at the store to purchase general goods. Unknown to him there was a thin line of water near the entrance to the store. Our client was never warned of the spillage, nor were signs present. The spillage was quite lengthy and there was a cleaner attending to the cleaning of the spillage approximately 20metres away. Our client has slipped landing heavily on his wrist and sustaining serious injury.

At the time of the accident, our client was employed within the mining industry, operating heavy machinery. He required some time off work and at the time was studying a course which he had to put on hold. During this time he was in receipt of a Centrelink Newstart Allowance. When making economic loss claims it is always important to take into consideration any repayments to Centrelink. This is something that the expert public liability lawyers of Gerard Malouf and Partners are able to advise you on.

This man 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 his 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 Defendant 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 floor is contaminated, it becomes slippery.

We then arranged for our client to attend upon medico-legal experts to assess his 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, our client attended our offices to facilitate negotiation. 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 $130,000.00 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.