A woman who was injured while walking and tripping onto a raised footpath has lost her case against the City of Sydney Council.
Back in 2013, a 57-year-old woman tripped and broke her hip stepping from a walkway to a raised footpath. The woman alleges that the incident wouldn't have occurred had their been a reflective strip indicating the change in height. In June 2014, a District Court ruled that the City of Sydney Council had breached their duty of care, liable for AU $750,000 in damages.
However, that decision was overturned in the Court of Appeal in June 2019, as they found that the trip could have still occurred had the reflective strip been in place.
In New South Wales, negligence is governed under the Civil Liability Act 2002 (NSW), and is outlined as when someone doesn't exercise reasonable care and skill, resulting in an injury to themselves or others. In order to make a claim for negligence, three factors must be proven:
In some instances of slips, trips, and falls, you may be able to claim compensation for injuries sustained. For example, if you had slipped in a supermarket on a wet floor, had there been no wet floor signs around you may be able to seek compensation for negligence. Compensation you may be able to seek includes:
If you've sustained an injury from a trip, slip, or fall in a public space, it's vital to reach out to the expert legal team at Gerard Malouf & Partners Lawyers for assistance with your claim. For more information on how we can support your case, visit one of our offices for a free consultation.