Change location v

Man Receives $160,000 Compensation after a Slip and Fall Incident

Case Overview
  • Our client suffered from a serious injury after slipping in the bathroom of a renowned Sydney hotel.
  • He contacted us for advice after the pain in his wrist did not subside.
  • We were able to secure a settlement figure of $160,000 in compensation for our client.

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.

“Our team issued subpoenas on the Defendant, and it was revealed that the Defendant did not engage independent cleaners to inspect the bathroom of the ground floor regularly, rather housekeeping would attend to the cleaning very infrequently.”


PAULINE YACOUB
Our Approach

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.

The Result

After lengthy negotiations, our team were able to secure a settlement of $160,000 in compensation for our client.

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

 

Explore

More Case Summaries

© 2022 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

Website Design by MediaSmiths

Your location is currently: