$146K in Damages Paid out by Club for Patron’s Fall at the Pokies

PUBLISHED 21 Feb 2013

We recently represented a lady who attended a major Club to play at the Electronic Poker Machines.

Our client attended the Gambling Lounge of her Local Club with her friend.

She was walking towards an Electronic Poker Machine when she suddenly tripped over timber casing of cables that provided power to the gambling machines.

She fell heavily to the ground and sustained serious injuries to her right leg and knee.

The client attended our Office shortly after the accident and instructed us to act on her behalf.

After obtaining instructions from our client, we formed the correct opinion that there was a trip hazard which was barely visible by our client and caused our client to fall and injury herself.

Our investigations revealed sufficient evidence for us to advise our client that she had reasonable prospects of success in a potential claim for damages at Common Law.

Following our advice, our client instructed us to commence proceedings in the District Court of New South Wales against the Club where the accident occurred.

A number of attempts were made to resolve the matter without the necessity of going to Court. However, the Offers received from the Club’s Solicitor were considered too long.

Throughout the period between the commencement of Court proceedings and the Hearing of the matter, the Solicitors acting for the Club denied that there client had any liability with respect to the accident.   They also asserted that as our client was in her sixties and had previous injuries in the other leg, the size of her damages was to be minimal.

We retained evidence from our experts and collated the medical evidence from our client’s doctors. The evidence showed that her injuries were caused by the fall.

His Honour, Judge Kearns, Acting Judge of the District Court of New South Wales heard this matter at the beginning of July 2012.   We arranged for our client, her friend and her Husband to provide the Court with a full description of the accident, the circumstances surrounding the accident and the way the injury suffered by our client affected her life.

We arranged for our client, her friend and her husband to give evidence in Court. They all gave evidence and provided the Court with a full description of the accident, the circumstances and everything.

His Honour accepted our client, her husband as witnesses of the truth and, after one and one half days of Hearing, His Honour found in favour of our client and gave her an outstanding award of $146,000.00 plus legal costs.   The award covered the client’s damages, including general damages for pain and suffering, past and future medical treatment expenses as well as past and future domestic care and assistance.

The outcome of this matter exceeded our client’s expectations and she was very happy and satisfied with the manner in which this Firm had handled her proceedings.

This Firm is a highly specialised litigation, which provides its clients with a professional team of litigation Solicitors who consistently obtain outstanding outcomes in negotiations, settlements and Court Hearings.

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