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A Man Receives Compensation Following a Slip and Fall at a Local Hardware Store

Case Overview
  • Our client went to his hardware store and suffered a slip and fall injury because of a slimy mud substance on the floor in the plant section.
  • He sustained injuries to his left hip, back and left shoulder requiring a full shoulder replacement.
  • A claim for a Slip and fall accident was made and at a settlement conference, he was compensated over $200,000.

Our client was shopping in his local hardware store in the plant section where he slipped and fell in a slimy mud substance on the floor. He sustained injuries to his left hip, back and left shoulder requiring a full shoulder replacement. Our client contacted the Slip and Fall experts at Gerard Malouf and Partners seeking assistance in obtaining compensation from the hardware store for his injuries sustained. The expert lawyers at Gerard Malouf & Partners lodged a claim in court on behalf of our client.

Our Approach

The defendant being a large hardware chain, engaged lawyers who denied the client had sustained injuries due to the fall. Our team alleged that the defendant did not ensure that the floor had been safe and clean from contaminant and failed our client in their duty of care to ensure his safety. The result was achieved without the need to proceed to a trial at court.


If you have suffered a fall in a hardware store or other shopping Centre contact the team at Gerard Malouf & Partners on 1800 309 438 to book a free appointment with one of our slip and fall experts to review your matter and provide free advice as to your rights to compensation.

The Result

A settlement conference was arranged with the lawyers for the hardware store and the matter was resolved with a result of over $200,000 in compensation for our client.

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 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:

  1. The size of the settlement
  2. The strength of your case
  3. Your patience levels
  4. Your lawyer’s advice

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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