Failed warning leads to over $90,000 in compensation

Date: Apr 28, 2016

An injury can have a number of major impacts on a person's standard of living and quality of life. This can be compounded if the person's age puts them at greater risk of injury. In times like this, it is important to talk to an experienced compensation lawyer. Through their expertise, they can keep you in the loop during every stage of the claim process and ensure you get the best settlement possible. 

A recent case in New South Wales highlights the need to have experienced counsel when you seek damages. 

Failure to warn leaves man with injuries

In 2011, the plaintiff was shopping at the defendant's premises. In the vicinity where the plaintiff was walking, there was a liquid believed to be vomit. As a result of the spill, the plaintiff slipped and fell, injuring his shoulder and arm and requiring surgery to repair a right rotator cuff injury and tear of the right bicep. 

Until and after the surgery, the plaintiff was unable to complete a full days work, as he couldn't position himself under vehicles nor lift his arms over his head. Even after he recovered from the surgery, he needed help with a number of activities, such as lifting objects on and off the cars.

The plaintiff claims both defendants are negligent as one of their employees, a security guard, was aware of the liquid at the time but failed to warn the plaintiff. The court established that the employee knew about the spill as they were alerted by another worker and reported it for cleaning. 

The court decided that if the employee was keeping a proper lockout, they would have been aware of the plaintiff walking in the vicinity of the hazard. Additionally, now signs or barriers were erected to warn or prevent customers who were travelling the area. 

The judge concluded that the defendant was negligent and awarded the plaintiff damages totalling nearly $91,000. The damages were for non-economic loss, previous out of pocket expenses, past wage loss and future economic capacity. 

If you would like to learn more about public liability and slip and fall claims in particular, talk to an experienced compensation lawyer. At Gerard Malouf and Partners, we offer a no win no fee guarantee that does away with upfront costs. Instead we receive payment from your successful settlement. Contact Gerard Malouf and Partners today to find out more. 

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