Last year, a claimant received compensation of over $285,000 for allegedly falling in a car park in Sydney's north shore in 2011. Find out how she was able to claim that her fall was due to poor maintenance of the car park by the local council and how Gerard Malouf & Partners' public liability injury lawyers can help if you've been injured in a public place.
How was the local council found liable for a woman's slip?
A pothole in a car park caused the trolley Cavric was pushing with her child to tip over and injured her in the process as she tried to catch her child.
The main issue discussed in this case was whether or not was whether or not the shopping centre parking lot where the claimant fell was considered a public road, according to Lexology.
However, in the end, she went to the Court of Appeals that found that it was not a public road, so the Local Council had to pay compensation. The council tried to claim that it was a public road because people walked through the car park to get from one street to another. But the court determined that this alone was not enough to qualify as a public road, according to the Sydney Morning Herald.
The local council was therefore found liable for the various hardships that the woman had experienced due to fall.
Making a claim if you have fallen in public place
If you have been injured in a public place like a shopping centre, a playground, common walkway or more, you should reach out to Gerard Malouf & Partners.
We have lawyers who specialise in injuries in public places and can fight to establish that it was indeed a public place.
We will also help determine that the fall was due to poor maintenance or else another hazard that was negligently left about. In some cases it will be obvious that it was due to negligence, according to the Legal Services Commission. However, at other times, it will be more difficult to prove but we are very confident in our abilities, having been successful in many cases where the connection between the injury and the hazard was not as clear.