A Sydney man is under police guard in hospital after falling through the ceiling of a JB Hi-Fi store during an alleged robbery attempt.
The botched burglary
On March 21, police were called to the electronics store where it was alleged that two people had attempted to rob the store around 3 a.m. The men had been in the process of stealing thousands of dollars worth of mobile phones when an alarm was triggered, sparking panic and a subsequent escape attempt. While fleeing, however, one of the suspects allegedly attempted to climb through the roof when it suddenly collapsed under his weight. He then plummeted eight metres onto a table, leaving him unconscious. Emergency services were called to the store and they took the man to be treated for a head injury, from which the robber allegedly is in a serious condition. His accomplice remains at large. Due to the circumstances around the injury, it is unlikely that the man may be able to claim compensation.
Under what circumstances can I seek compensation?
If your injuries are the result of an illegal activity, it's unlikely that you'll be able to seek compensation for a slip or fall. However, claims made for accidents of a legal and everyday nature are made under the Civil Liability Act NSW (2002). For your claim to be successful, however, you'll need to prove the accident that occurred was the result of negligence from the facility or persons you are filing against, and not from something that was considered to be an obvious risk.
An example of this would be slipping and falling on a wet floor at a supermarket, where no wet floor signs had been in place. As the supermarket hadn't put measures in place to warn patrons about the water, a victim can argue that they had been negligent in their care and claim compensation. Alternatively, if the correct signs had been put in close proximity to the water, you may not be able to claim compensation as there had been significant warning of the risk.
If your claim for compensation is successful, you may be able to receive payments to cover the following with the help of your lawyer:
The team at Gerard Malouf & Partners know the world of public liability claims inside and out. For assistance with your claim, get in touch with us.