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Woman covered with Slurry in Shopping Centre Carpark achieves $625,000 in compensation

Case Overview
  • Concrete Slurry pours onto our client in a South Sydney Shopping Centre carpark. In her attempt to get out of the way, she then slipped and fell in the slurry, severely injuring herself.
  • Upon investigation and through the use of Subpoenas, it was discovered that the Shopping Centre had engaged various contractors to perform work on the car park. Proceedings were ultimately brought against three contractors.
  • At a mediation, Managing Partner Mr David Cossalter ultimately achieved a result for the client with a contribution from each defendant in a total sum of $625,000.

Our client was walking back to her car in a Shopping Centre Car park after attending a south Sydney Shopping Centre when suddenly and without warning concrete slurry began pouring from the carpark roof onto her.  In her attempt to get out of the way our client has then slipped and fell in the slurry, severely injuring herself.

Our client has contacted the team at Gerard Malouf & Partners to bring an action on her behalf.

Our Approach

Upon investigation and through the use of Subpoenas it was discovered that the Shopping Centre had engaged various contractors to perform work on the car park.  Proceedings were ultimately brought against three contractors.  All three contractors attempted to shift the blame to the others.

As a result of the accident, our client had suffered serious and ongoing injuries to her neck, back, both knees and shoulders, as well as psychological trauma following the inability to continue in her pre-accident employment as a cleaner.  The injuries prevented her from working as a cleaner and she lost significant income. 

Medical reports were obtained which indicated the client would eventually require either a replacement or fusion of the shoulder joint.  Our client required a high level of assistance in her activities of daily living.  The three Defendants attempted to wear the client down by engaging in arguments between themselves as to which contractor was ultimately to blame for the accident.  It was our position that all Defendants were to blame.

The team at Gerard Malouf & Partners did not allow the Defendants to engage in this behaviour and obtained an order from the court for the Defendants to participate in a mediation.  

The Result

Mr. David Cossalter ultimately achieved a result for the client during mediation with a contribution from each defendant in a total sum of $625,000.

David Cossalter Lawyer

David Cossalter

Managing Partner
David is a strong negotiator who will put every effort in the endeavour to settle your claim prior to court proceedings, but he also thrives in a court room ready to ensure client’s rights are pursued when negotiations do not succeed
Frequently Asked Questions

More Information

Public liability refers to the responsibilities owners or occupants of a public space have to protect anyone who enters. If the owners or occupants fall short of these responsibilities, resulting in an injury, a case for compensation can be made.

Some of the most common incidents covered by public liability law include:

  • The food or drink from a restaurant makes you sick: The most common example of this type of public liability is food poisoning, however improperly disclosed allergens could also lead to litigation.
  • A slip and fall accident caused by negligence: Slip and fall incidents are especially common in busy public places such as playgrounds, schools, shopping centres, common walkways in buildings and outdoor event venues. They can result from negligent behaviour if poorly lit, uneven, unmarked or slippery surfaces are involved, amongst other reasons.
  • Injury caused by poor workmanship: If a product used by a space fails mechanically and causes an injury, a public liability claim can often be made. Examples include exploding gas bottles, poorly constructed furnishings and inadequate building structures. These cases may also be eligible for product liability litigation, if you decide to pursue both the property owner and the product manufacturer.
  • An attack by an animal while in a space: If the owners or occupants of a space fail to keep an animal, whether domestic or wild, contained as a result of negligence, you may have a potential case.

 

Following an initial meeting, the first task will be to establish the general facts of the case. This will include your medical diagnosis, which will need to be confirmed and documented by a doctor; and proof that the person or company at fault owed you a duty of care, which will need to be demonstrated. Together, this will show that your injury occurred when they breached that duty of care.

From there a further investigation will proceed—contacting and interviewing witnesses, speaking with expert consultants, and more—all in order to bolster the strength of your case even further. Only once this process is complete, and your claim can be demonstrated and proven in full, will the process move on to the next step.
 

Public liability claims centre on the issue of negligence. Put simply, an individual or organisation is usually deemed negligent if they owed you a duty of care and they breach this obligation by failing to protect you from harm.

However, establishing negligence isn’t enough to receive compensation. You must also make a direct correlation between the defendant’s negligence and your injuries. This link is called ‘factual causation’ and the general principles are outlined in the Civil Liability Act 2002.

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 — Personal Injury Compensation Lawyers

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