Slip and fall injury claims are some of the most common forms of public liability lawsuits, so it may not come as much of a surprise that a man in Adelaide is suing a casino after an accident on the company's property.
The man, whose name has so far been withheld from the public, claims he stepped inside the casino, where he slipped on a puddle of vomit that the facility's operator, SkyCity, had neglected to clean up. The accident, which occurred in September 2010, allegedly prevented the 30-year-old plaintiff from returning to work due to the neck and back injuries he sustained.
The pain and his inability to work, he claims, caused him to develop alcoholism, which has further affected his health.
His official complaint states that SkyCity Adelaide was in breach of duty of care by not keeping the entire facility up to a clean and safe standard. Had the workers cleaned up the pool of vomit, he argues, his life now would be drastically different.
Arguments for breach of care
The point the plaintiff is expected to drive home in the case is that the situation was completely preventable, and it was strictly the neglect of SkyCity that led to his unfortunate circumstances.
"The Plaintiff stepped on and subsequently slipped and fell in a pool of vomit and/or other liquid on the floor of the valet parking entrance," the complaint, written by his compensation lawyer, states.
"The defendant owed a duty of care to persons such as and including the plaintiff, who might enter the Casino to ensure that the Casino was reasonably safe for persons so entering and exiting."
The complaint also states that SkyCity breached its duty of care by not treating the floor at the entrance of the building so that it would prevent patrons from slipping. The document states that many buildings use slip-resistant coatings or mats at their entrances; however, this facility had no such feature.
The case is still in its early stages, and SkyCity has yet to file its official defence documents. However, several similar slip and fall injury cases have made their way through court before, and the plaintiffs have collected large sums in compensation for their medical costs, legal fees and even pain and suffering.