Our 40-year old client fell into an uncovered pit at her residence and sustained injuries to her back, neck, right knee and right hip.
Our client had a long history of pre-existing injuries to her back and neck as a result of a previous workers compensation injury and did not receive a lot of medical treatment for her injuries other than pain medication and pain management.
We commenced Court proceedings and claimed negligence for failing to inspect, maintain and/or repair the broken pit in an area which was regularly used by pedestrian traffic and under circumstances in which the Defendant would have known that pedestrians could stumble into it and suffer injury.
The Defendant denied negligence and claimed the uncovered pit was an obvious risk and our client failed to watch where she was going, take precautions for her own safety and failed to keep a proper lookout.
The matter was set down for an injury compensation court hearing but prior to that time we arranged to have an Informal Settlement Conference with the Defendant at which time the matter settled for an agreed amount of $160,000.
Our client was thrilled with the result and was relieved she did not need to attend Court for a full hearing.
If you have sustained an injury due to a call in a public place please contact our injury compensation lawyers for a free consultation.