New Zealand resident receives over $120,000 following shelving collapse in private home

Published 20 Sep 2018

The Plaintiff was a 38-year-old New Zealand resident who had come to stay in the Australian Capital Territory.  The Plaintiff choose to board in Queanbeyan. The house which she was staying in was in a state of disrepair, however not so much as it was unliveable.

The Plaintiff stayed in the home for approximate 4 months before the accident occurred. On 11 January 2016 the Plaintiff was attempting to place an item on the upper levels of some shelves then the shelves in their entirety collapsed on the Plaintiff.

The Plaintiff sustained a number of injuries to their left leg, ankle and foot which included a fracture to their ankle.

At the time of the accident the Plaintiff had been working with the Australian public service as well as owning their small business as a mobile hair dresser. As a result of the accident the Plaintiff was unable to engage in her hairdressing business as she is not able to stand up for longer enough.

As a result of the Plaintiff’s losses Richele requested that the Plaintiff provide all her bank account details, tax returns, payslips and business details to the office so that we could build a proper picture of the loss of income she would sustain.

As soon as the Plaintiff’s treating doctors informed the Plaintiff that her injuries had stabilised, medical appointments with medico legal experts who were able to justify the ongoing expenses and inability to work as she got older. The Plaintiff would also require ongoing medical expenses and care requirements as she would struggle to continue to look after the home especially as she aged.

Proceedings were commenced with the District Court of New South Wales in August 2017. After giving the Defendant sufficient time to build their case the matter was set down for hearing in August 2018.

In an effort to resolve the proceedings in a timely fashion and without going to the expense of a complete hearing, the Plaintiff’s solicitor called an informal settlement conference in an attempt to settle the proceedings.

Following a lengthy discussion, the matter was ultimately settled for $120,000.00 to which the Plaintiff was very grateful to receive.

Litigation is a tricky area and if you do not have the right representation you may be missing out on opportunities to maximise your compensation claim. At Gerard Malouf and Partners we specialise compensation lawyers, it is all we do, so you can be sure that you are getting the best possible representation following your personal injury.