$85,000 Settlement for Fractured Knee from Trip Over a Mat

PUBLISHED 14 Mar 2013

Our 77-year old client tripped over a white mat which had been folded in half and placed on a white tiled floor in a major furniture and homeware store.

Medical issues

Our client sustained a fractured patella in her knee and had to have two operations to repair her knee.

Our client had no history of any injury to her knee prior to her trip over the mat and had, until that time, been very active.

The injury meant our client could no longer take daily walks and had to rely heavily on her husband to provide her with assistance at home cooking, cleaning, shopping and doing laundry.

Court proceedings

We attempted to settle the claim with the Defendant before coming Court proceedings but they would not agree. Once we commenced Court proceedings against the owner of the furniture and homeware store alleging negligence for creating a danger by having a white mat folded on a white tiled floor which constituted a trip hazard.

The Defendant quickly accepted it was negligent in the circumstances.

Settlement at Mediation

We attempted to settle the claim at an informal settlement conference but the Defendant did not agree our client’s husband had assisted her at home to the extent he had.

The Court then referred the claim to a Mediation at which time the Defendant ultimately agreed our client had received assistance from her husband and the claim settled for $85,000.

Our client was ecstatic the claim settled prior to attending Court.

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