Our client, a 50 year old woman, was visiting a friend’s home when she fell down faulty stairs and injured her right ankle.
She was taken to the hospital where x-rays revealed a fracture to the right ankle. She underwent surgery to insert screws and plates into the ankle and her ankle was placed in a cast. Despite the surgery, our client continued to experience pain when she put any weight on her right ankle. She had to attend physiotherapy sessions and was reliant on pain relief medication.
She approached Gerard Malouf & Partners to see if she could claim any compensation for the injuries she sustained and her ongoing medical costs.
We commenced proceedings in the District Court of New South Wales against the owner of the house alleging the owner failed to ensure the staircase was in a reasonable condition, safe or well-lit, in breach of building regulations. The Defendant denied liability and claimed the faulty staircase was an ‘obvious risk’ which our client could not recover damages for. The Defendant further alleged our client failed to take any care for her own safety and failed to take any notice of where she was going.
We obtained evidence to support our client’s claim, including a liability report and a medico-legal report. The liability expert confirmed the owner had been negligent by failing to ensure the steps were safe to use or well-lit. The Orthopaedic Surgeon confirmed our client would require ongoing medical treatment and some assistance around the home with heavier household tasks.
We attended a settlement conference with the Defendant’s solicitors. We argued our client would require ongoing medical treatment from a specialist Orthopaedic Surgeon, ongoing physiotherapy, and possible future surgery to remove the screws and plates in her ankle. We also claimed our client required assistance at home with various household tasks, such as cooking meals, cleaning the home, and attending to washing clothes and that she would require a paid cleaner in the future to assist with the heavier household tasks.
By the end of the settlement conference, we were able to negotiate a successful resolution in the amount of $90,000.
Our client was very happy with the outcome and was extremely grateful to us for ensuring she had enough money to pay for her ongoing medical needs.
We are a highly focused and specialized law firm being small enough to care yet large enough to have solid financial, medical and expert resources to match the big defendants and insurance firms. Our simple no-win-no-fee arrangements and written guarantee to reduce fees in the unlikely event of a poor result is unmatched in the legal industry Australia wide.
