Bondi man falls from balcony

Date: Jul 02, 2019

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 fateful fall

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.

Can I claim compensation for an accidental fall?

Injury compensation in New South Wales is governed under the Civil Liability Act 2002 (NSW), and accounts for:

  • Car accidents.
  • Product liability.
  • Medical negligence.
  • Public liability.
  • Serious injury.

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:

  • Owed the victim a duty of care.
  • That the duty of care had been breached.
  • The breach in the duty of care resulted in the injuries of the victim.

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:

  • A lump sum payment to cover medical expenses, including rehabilitation and physiotherapy.
  • Compensation for economic loss, including missed wages and superannuation.
  • Payments for home modifications needed to cope with the injury, such as ramps.
  • A payment for pain and suffering.

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.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.