$40,000 Compensation from slip on water leakage at fish store

PUBLISHED 26 Aug 2013

Our client sought our advice following an injury which occurred when she was walking through a shopping centre. As she walked by a fish store within the shopping centre she slipped on water which leaked from boxes of fish containing ice causing her to fall heavily and injuring her knee.

An employee of the shopping mall assisted our client following the slip fall accident and was able to confirm the water that came from the fish shop was present and that it appeared to be an ongoing problem for the shopping centre. We commenced proceedings on behalf of our client against the fish shop owner on the basis that the water leakage was an ongoing problem and it was aware of the presents of the floor on this occasion and previous occasions and that it had failed to adapt an adequate cleaning system to identify and remove the hazard and alternatively continuing to display fish in a manner where the display was known to be causing a slipping hazard.

Our client had various pre existing problems however the injury to her knee being the main problem from the accident. Our client is a stoic person and she got on with her life as best as she could.

She was not working at the time of the accident and did not suffer any real economic loss.

Proceedings were commenced and various reports were obtained.

The solicitors for the fish shop obtained their medical evidence which suggested that our client had suffered minor injuries and that any effects from the injuries were short lived.

Our firm’s vigorous  investigations of the incident had provided us with evidence to support our claim. This was emphasised at the conference held with the Defendants in an attempt to settlement the matter prior to it going to hearing. The Defendants tried to argue that there was no negligence and the injuries were minor and our client would need to exceed the threshold to receive any damages. After lengthy negotiations on the matter, at the conference we were able to convince the Defendant otherwise and secured a settlement for the client in excess of $40,000.00.

We were able to assist our client with funding all aspects of the proceedings and in fact assisting settlement by reducing our fees.

Our client was happy at the conclusion of the matter given the nature of the matter and the injury.

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