$500,000 Settlement Following Nerve Damage From Varicose Veins Treatment
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
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In September 2018, our client was attending an educational seminar on the ground floor of a well-known Sydney hotel. Our client accessed the common bathroom of the hotel located on the ground floor and slipped as a result of a liquid contaminant on the floor. There were no wet floor signs alerting our client of the liquid substance on the floor and the Plaintiff was not advised by the Defendant to use an alternative bathroom prior to his fall.
As a result of the fall, our client fractured his wrist and required surgical fixation. Our client came to us for advice after the pain in his wrist did not subside. Prior to the incident, our client was a sole trader and worked in the plumbing industry.
Proceedings in the District Court were commenced against the Sydney Hotel on the basis that they failed to have in place a proper system of inspection and cleaning and failed to warn our client of the liquid substance on the floor.
Further, our team obtained an expert liability report from a safety management and building specialist, who was of the opinion that the Defendant failed to carry out a risk assessment of the floor area prior to allowing/permitting patrons to use the toilet area, to ensure the floor was free of any casual water. The Defendant did not provide regular cleaning rotation, given the number of patrons that could use the toilet facilities.
We proceeded to have our client assessed by an expert orthopaedic surgeon who provided a supportive report outlining the significant impacts the injuries had on our client’s quality of life and work capacity. Mindful of the lengthy and expensive nature of protracted litigation, our expert team arranged for the parties to participate in an informal settlement conference.
If you have been involved in a slip and fall accident in a public place and you feel you may be entitled to make a personal injury claim for compensation, please contact our specialised team at Gerard Malouf and Partners today.
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:
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