$95,000 compensation for client who trips over trench in poorly lit shopping centre carpark

Published 31 Jul 2018

Just before Christmas 2015 our client was walking through a shopping centre carpark.  This was an open air carpark.  The lighting was very poor. Unknown to our client a trench had been dug across the carpark.  The trench had been filled in but had subsided.  As it was covered in the same asphalt as the rest of the carpark, it was impossible to see in the dark and our client tripped when she got to this trench which was only a centimetre or two deep.

As a result of this fall our client suffered a severe injury to her left knee and ankle.

Once our client was aware from her doctors that she had suffered a serious injury which would require surgery. She decided to make an appointment at our Parramatta office. Gerard Malouf & Partners Compensation Lawyers were retained under our “No Win No Fee” Personal Compensation Cost Agreement and we took care of all costs associated with the preparation of our client’s claim.

At Gerard Malouf & Partners Compensation Lawyers, we understand the need for a good first interview.  During this interview it became clear that the owner of the carpark was at fault in a number of ways.  The carpark was very badly lit.  In addition the trench which would have been fairly safe in the daytime was impossible to see at night.  We are familiar with cases that involve similar sets of circumstances.  In this case it was not only necessary to obtain all of the medical records for our client to show how the injury had affected her, we also needed to have an expert attend at the carpark at night in order to measure how much light was available.  It turned out that not only did the lighting not satisfy the requirements for lighting in carparks but the lighting which was there was not working properly.

The quality and details of the instructions received together with the medical and expert evidence we obtained, addressed all issues of the case including any weaknesses in the claim.

Our client’s injuries meant a great loss of enjoyment of everyday life.  She was greatly restricted in her ability to undertake normal household tasks and to work the long hours which he had previously done.  She also needed further treatment in order to prevent her condition from worsening as she got older.

At Gerard Malouf & Partners Compensation Lawyers, we are always preparing our cases on the understanding that we need to present the case in court in such a way that a judge will accept the claim and award maximum compensation.  We understand however that our client’s do not look forward to the stress of a court hearing together with the extra cost involved being going to a hearing.   In any court case there is also some risk, although we had anticipated all weaknesses and were ready answer them.  In order to provide certainty to our client we entered into negotiations with the insurance company’s solicitors and we were with our Barrister, able to settle the claim for $95,000.00 in compensation for our client.

Our client was extremely pleased with the result and the total resolution of the matter.   The potential for stress had been removed.

Our team of specialised personal injury compensation lawyers will always aim to get the best outcome for all of our clients.  In doing this, we realise that any claim is a stressful situation and we work hard to ensure that the stress is minimised whenever possible while keeping in mind the need to get for our client maximum compensation.