Change location v

A Man Gets $250K in Compensation for Injuries Sustained in a Single-Vehicle Accident

Case Overview
  • Our client was driving a liquid slurry tanker that tipped and ruptured spewing out slurry into the cabin where was he was sitting.
  • He sustained significant physical injuries to both legs, two fractures on his back and subsequent psychological injuries.
  • The Public Liability experts at Gerard Malouf and Partners settled for $250,000 in compensation for our client.

Our client was injured following a single vehicle motor accident, when the tanker he was driving, transporting liquid slurry tipped and ruptured, spewing out slurry into the cabin of the vehicle where our client was sitting. As a result of the accident our client sustained significant physical injuries to both legs, two fractures in his back and subsequent psychological injury.

The tanker our client was driving was a converted grain tanker and was not designed to carry liquids. The tanker had no baffles to reduce the forward surging of liquid slurry and was unfit to carry liquids. All of this was not known to our client who had assumed the vehicle provided had been fit and safe for him to drive.

Our Approach

Our client’s only course for compensation was to bring an action against the owner of the tanker for supplying a vehicle unsafe for the purpose of carrying liquid, The Public Liability experts at Gerard Malouf and Partners prepared a claim against the owner of the tanker and commenced proceedings in court. There were concerns regarding the insurance of the tanker due to the modifications made to the vehicle making this unsafe, but through the use of Subpoenas and documents produced by the insurer this issue was overcome.

If you have been injured in a single vehicle accident due to an unsafe vehicle contact the team at Gerard Malouf and Partners on 1800 454 235 for a no obligation, free consultation to assess your legal rights and provide you with free advice.

The Result

Our team engaged the defendant in settlement negotiations and the matter was resolved at an informal settlement conference, with an outcome of $250,000 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
Explore

More Case Summaries

© 2022 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

Website Design by MediaSmiths

Your location is currently: