Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.
Gerard Malouf & Partners Have Provided Friendly, Experienced Legal Advice To Communities Across Australia For Over 35 Years. Our Personal Injury Lawyers Have Taken On Ten’s Of Thousands Of Cases And We Are Proud To Have Won Billions Of Dollars For Our Clients.
Read Our Latest Articles, Case Studies Or Commonly Asked Questions Concerning Your Legal Claims And Compensation Law.
Our client was a customer at a fast-food chain restaurant in Central Northern NSW. She was attending the premises with her children for the purposes of purchasing food. The defendant fast food chain was a commercial enterprise being undertaken at the premises including selling food and drinks to customers that could be consumed on the premises or taken away.
Our client suffered a trip and fall injury when she was walking within the external entrance of the defendant’s premises. She was required to walk past a wall towards the entrance of the premises. As she turned onto the designated ramp area, she stepped upon a plastic caution floor sign which had been allowed to fall on to the floor causing her to lose balance, full and suffer injury. This was all seen on CCTV Footage.
Our client suffered a head injury, cut to her forehead, fractures of both elbows, an injury to her right knee, left knee, injuries to both hands, trauma and shock. She saw her doctor who referred her to specialists for treatment to assist with her recovery and rehabilitation.
We commissioned a liability expert report in the matter. It was noted that sign was placed within an area of the defendant’s external area where pedestrians will travel. The defendant failed to ensure the control measures they installed including a plastic sign that was adequate for the area. The sign is designed for indoor use and has a high probability of toppling over due to external weather conditions. The hazard of the sign toppling over should have been foreseeable to the defendant. This sign could have been easily changed to a more stable type of sign which is highlighted within their own cleaning procedures.
Furthermore it was observed from the CCTV footage that the ceramic tiled floor was dry and the sign should have been removed immediately as it posed a hazard two pedestrians. The defendant did not serve any liability expert evidence in reply. It was clear that the floor sign was not an obvious risk to our client and any other pedestrians having regard to the circumstances of this accident
We arranged for our client to be independently medically examined and assessed and it was determined by the doctors that she was suffering from 15% loss of use of her right arm and right elbow, 20% loss of use of the left arm and left elbow, 20% permanent impairment of the right knee and 20% permanent impairment of the left knee. This was in addition to the psychological trauma arising from the injury. She requested domestic care and assistance for herself and her children due to her permanent impairment. The matter was listed for hearing and the court ordered that the parties arrange for a mediation hearing to narrow the liability and medical issues in no matter.
If you suffer an injury because of being on another person’s premises and your injuries are due to their negligence, then you may be entitled to receive award damages in compensation as a result your injuries suffered from the accident due to their negligence. It is a fundamental requirement that you establish negligence against the other party to succeed in your claim.
In this case we were able to establish that the wet floor sign was a trip hazard and not an obvious risk and that she was exercising care on her own part by keeping a proper lookout at all times. For a free no obligation consultation please contact our Toll-free number on 1800 004 878 so that an appointment can be arranged to attend our office to protect your legal rights arising from your accident.
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:
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 enable you to recoup the financial and emotional costs of suffering an injury due to someone else’s negligence. Defendants regularly offer monetary settlements to claimants, particularly if they acknowledge liability and believe they would lose in court.
But should you accept the settlement or proceed to the later stages of litigation instead, where a judge will have the final decision? Every case is different, but here are some of the factors you may wish to consider before making your choice:
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the surgeon’s recommendation, our client
Case Overview A woman from Green Valley was a passenger in a car when the driver lost control of the vehicle, leading to a collision
Case Overview At the time of her injury, our client was working as a cleaner at a private residence in Kurrajong. During the course of
Case Overview We acted for a client from Western Sydney who was involved in a serious motor vehicle accident. The other driver collided into our
Case Overview We acted for a client from Coffs Harbour who was involved in a serious motor vehicle accident. The driver failed to give way
Case Overview Our client suffered multiple injuries following a car accident caused by a driver that had lost control of their motor vehicle. As a
Your location is currently:
