A Sydney man has sustained injuries after plummeting from his balcony. He had reportedly been locked out of his apartment, and attempted to enter from a neighbouring home.
The Bondi man had allegedly been locked out of his apartment on June 27, 2019. In an attempt to re-enter, he tried to access his home from the neighbouring balcony. It was in this action that the 38-year-old fell three metres from the balcony, crashing onto the driveway below. Paramedics were called to the scene around 11.30 p.m. and treated the man at the scene. He was then transported to St Vincent's Hospital, seriously injured.
Injury compensation in New South Wales is governed under the Civil Liability Act 2002 (NSW), and accounts for:
For a public liability claim to be successful, a Court needs to rule that the injury resulted from a party's negligence of care. An example of this would be if there had been a wet floor in a supermarket, and a person slipped because staff neglected to erect wet floor signs.
Under the Civil Liability Act 2002 (NSW), before compensation is awarded it must be proven in Court that another party:
Unfortunately, in the case of the man who fell from the balcony, it's unlikely that he could claim compensation from the accidental fall. This is because it can be assumed that the fall was nobody else's fault but his own, therefore, doesn't meet the conditions for a public liability claim. Had the incident occurred as the result of faulty balcony railings, he may have been able to claim compensation due to landlord negligence, if the fault was reported.
In this instance, compensation he may have been able to seek includes:
It's important that if you believe that you're eligible for a form of compensation after a slip, trip, or fall, to get in touch with the expert legal team at Gerard Malouf & Partners Lawyers to support with your claim.