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Woman Receives $170,000 from Trip and Fall Over a Broken Car Parking Block

Case Overview
  • Our client was walking through a dimly lit car park when she tripped and fell on the remains of a broken car parking block at night.
  • Due to this fall, our client fractured her right wrist with no nerve damage.
  • Our team’s persistent, diligent, and professional approach’s helped her receive compensation worth $170,000.

In the winter of 2019, our client, who was in her 50s, was walking through a dimly lit outdoor car park in Northern Sydney when she tripped and fell on the remains of a broken car parking block at night. The fall caused our client to sustain a fracture to her right wrist with no nerve damage.

“Proceedings were commenced against the owners of the car park and the property manager, for their failure to properly inspect and identify the broken car parking block and the lighting issues.”


Sung gu lee
Our Approach

Upon opening the file, our team investigated the case by attending the incident site on multiple occasions and speaking to witnesses who were available on site. This hands-on approach enabled our team to obtain evidence that confirmed that the defendants had breached their duty.

 

Our team also obtained expert liability evidence to prove that the limited lighting and the negligent safety inspections were the cause of the incident so the responsibility was on the landlord and property manager.

 

If you have been involved in an outdoor trip and fall incident, you may be eligible to make a Public Liability Claim. Contact the team at Gerard Malouf & Partners today.

The Result

Our team's approach helped our client secure compensation worth $170,000

Sung Gu Lee Photo

Sung-Gu Lee

Associate
The truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is. Winston Churchill
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 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.

There are time limits involved with public liability claims, so it’s important to make a claim as soon as possible to ensure you remain eligible. Usually, individuals have three years from the date of injury to file a claim but this may differ by state and it is often best to start the claims process as early as possible.

Each case is different, with a number of factors potentially affecting how long it takes to come to a final decision. Despite this, most simple claims should be resolved within 18 months.

In more challenging, complex cases, the process will be longer and could take a few years.

Contributory negligence occurs when both parties are at fault in causing an accident or injury. For example, if a supermarket employee fairs to clean up a spillage in an aisle causing a slip & fall, but the victim had ignored warning signs.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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