In April 2018, our client was enjoying a holiday with her two daughters and granddaughters and had purchased a day pass to visit private gardens located in a small town in the Northern Rivers Region of New South Wales. Our client and her family were hoping to have a peaceful and enjoyable time at the scenic gardens.
As our client was walking through the gardens, she found an outdoor sloping path along an open field. As she walked down the sloping path, her foot suddenly slipped forwards causing her to lose her balance and fall to the ground. After our client had slipped, she realised that the ground surface was muddy, wet and slippery.
The path may have been under construction and the onsite gardeners were present throughout the day. Despite this, no barriers or warning signs had been placed around the park to stop paying customers from walking on the sloping path.
Our client came to us for help around 3 months after the incident, as the injuries she had sustained to her left ankle and left foot had not resolved, even after an operation.
The injuries sustained by our client had been impacting on all aspects of her life including participating in her favourite textile hobbies as she could no longer stand up for extended periods of time. The injuries also impacted upon her ability to attend to domestic chores around the home, which was a great concern to our client, as her husband was also unable to attend to these chores due to a back injury, he had sustained in many years ago.
The Public Liability Team at Gerard Malouf and Partners successfully prepared the matter by analysing the liability issues in proving negligence against an outdoor park, obtaining expert reports and medical reports from orthopaedic surgeons and occupational therapists in support of our client’s injuries. Our team uncovered evidence that suggested that the path was under construction or the area our client had walked on did look like a delineated path.
This enabled the team to begin negotiations with the Defendant and obtain an optimal result for our client by arguing that the Defendant ought to have warned our client of the presence of the water and mud from sprinklers and slippery surfaces.
Our client was pleased with this amount as it will enable her to obtain the future care and assistance she will require around the home and any necessary treatment.
Have you been involved in a fall in a garden or park sustaining injury? Contact the experienced personal injury specialists at Gerard Malouf and Partners today for your free consultation.