Our 49-year old client tripped on clothing on a rack in a clothing shop and fell, sustaining injury to her back and right knee.
Our client was lucky not to have suffered any fractures. However, she sustained sprains to her back and right knee which caused her ongoing pain.
Our client had a very long history of injuries she had received to her back and right knee prior to her fall and had been taking painkillers for those injuries before she fell in the boutique. This included a fall she had only a week before the fall in the boutique.
Our compensation lawyers commenced Court proceedings against the boutique and claimed negligence for positioning the clothing in such a way as it draped on the floor, failing to secure the long dress on the rack and failing to have an adequate system in place to adjust clothing so it would not drape on the floor.
The Defendant denied negligence and claimed our client was responsible for her own injuries as she failed to take any care for her own safety and alleged our client was holding onto the clothes and were not on a rack.
The matter ultimately settled at an Informal Settlement Conference for $20,000 compensation. The client was happy to settle her matter to avoid going to Court and so she could pay for further treatment to her back and knee.