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Man Compensated with $75,000 after suffering from Injuries on a Boat

Case Overview
  • Our client suffered an injury when an unsecured sliding door closed on his hand on a commercial boat
  • He contacted us about making a personal injury claim for compensation.
  • We were able to secure $75,000 in compensation for our client.

This matter involved a man who boarded a commercial boat in November 2016. When disembarking the boat, an unsecured sliding door closed on our client’s hand resulting in an injury to the fingers of the right hand and soft tissue strain to the neck, right shoulder, and a twisting injury to his right knee.

As a result of his ongoing pain and suffering, he contacted Gerard Malouf and Partners to enquire about making a personal injury claim for compensation. Gerard Malouf & Partners Compensation Lawyers then began to gather evidence from our client’s treating doctors and had him assessed by an expert orthopaedic surgeon and occupational therapist to determine the extent of his injuries and provide a report on the impact these injuries had on his life.

Prior to the injury, our client was a healthy middle-aged man who enjoyed several recreational activities. He was unable to complete his pre-injury domestic duties including mowing the lawn, maintaining the gardens and washing the car as a result of his injury.

“Our expert opined if the door was secured in an open or closed position, it would have eliminated the potential of a crush injury to a passenger.”


Pauline Yacoub
Our Approach

Our team obtained an expert liability report from a safety management and building specialist, who was of the opinion that it was a foreseeable hazard, that the seas could become rough at any time, and that all items on vessels should be secured to prevent them from moving. Proceedings in the District Court were commenced against the owner of the commercial boat. In an effort to keep costs down for our client, our expert team arranged a settlement conference with the Defendant prior to the matter proceeding to hearing. 

The Result

At this settlement conference, the parties engaged in lengthy negotiations and we were able to secure a figure of $75,000 for our client to compensate him for the injuries and ongoing implications of his unfortunate incident.

Pauline Yacoub Lawyer

Pauline Yacoub

Solicitor
Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy. – Proverbs 31:8,9.
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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