We acted for Mr L who was shopping at a well-known shopping centre. He had finished his shopping and was walking towards his car, it was raining at the time. He began to jog lightly and as he did so he jogged on a pedestrian crossing where the painted surface of the crossing had worn out due to the ongoing traffic flow through the area. As a result his foot slipped forward coursing him to fall and sustain a fracture of his humorous ankle.
Mr L was unsure whether he had any rights to sue anyone and contacted our offices for advice.
Mr L was advised that he could potentially have rights to sue the owners of the car park or the shopping centre for failing to maintain the condition of the pedestrian crossing in particular for failing to repaint the pedestrian crossing and ensure it was painted with a grit surface so that it was not slippery when wet. Evidence was obtained from an engineer specialising in structural and civil matters. That engineer conducted some testing of the area and advised that the crossing in question was slippery when wet. The engineer also advised that the injury and the accident could have been prevented if the crossing was maintained properly and painted with the appropriate paint.
Based on that evidence proceedings were commenced to the district court on behalf of Mr L and the matter was prepared throughout the court process. Eventually the court made orders that the parties participated in a settlement conference.
At the settlement conference offers were made to Mr L and the matter eventually resolved in the sum of $100,000.00. The result was an excellent outcome noting the risks of litigation and the risk that a judge could not have accepted the evidence that we had obtained on behalf of Mr L and on that bases the settlement of $100,000.00 was within the range of possible results and basically eliminated the risk of running the case to trial.
Mr L was satisfied with the result and was delighted that his case could be brought to conclusion without the need to proceed to have it heard by a judge.
If you have been involved in an accident or a similar nature and you aren’t sure whether to have any rights to sure then please contact our offices and speak to one of our many accredited specialist who can give you advice on what your rights and entitlements might be.