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Woman Receives $100k Compensation Following a Slip and Fall in a Unit Block

Case Overview
  • Our client suffered an injurious slip and fall, while she was walking on ceramic tiles at the entrance of a unit block.
  • She was also diagnosed with a Chronic Adjustment Disorder with Depressed Mood.
  • During negotiations, she received a settlement of $100K without the need of going through with a full-court hearing.

In December 2018, our client suffered an injurious slip and fall, while she was walking on ceramic tiles at the entrance to the unit block of her friend’s premises which were wet due to inclement weather at the Defendants premises.

The Plaintiff contacted Gerard Malouf and Partners to enquire about making a claim for compensation for public liability. We immediately got to work in collating our client’s medical records and liability documents.

As a result of the incident, we had our client assessed by an orthopaedic surgeon and psychiatrist. Our client sustained a small tear of the posterior horn of the medial meniscus in the right knee, and a small posterior horn tear of the medial meniscus in the left knee. The Plaintiff was also diagnosed with a Chronic Adjustment Disorder with Depressed Mood. Proceedings in the District Court were commenced against the Building and Strata Manager on the basis that the tiles failed to comply with Australian Standards.

“Our team obtained an expert liability report from a safety management and building specialist, who provided the opinion the Defendants had not carried out a risk assessment of the external surfaces, to ensure it is safe and complies with the Australian Standards in wet conditions. ”


Pauline Yacoub
Our Approach

Our expert opined that the external surfaces would obviously become wet during inclement weather as they are not covered, and therefore the Defendants should have ensured the area was regularly tested to ensured it complied with the Australian Standards when contaminated with water, to ensure safe access and egress for all pedestrians. All medical and liability evidence was collated and served on the Defendant and an informal settlement conference was conducted.

At Gerard Malouf & Partner’s we pride ourselves on our ability to bring positive results for our clients. If you have suffered a similar slip and fall injury and believe that you may be entitled to make a public liability claim, please contact Gerard Malouf and Partners on 1800 004 878 to speak with one of our expert personal injury lawyers today.

The Result

During negotiations we were able to achieve a settlement of $100,000 for our client without the need of going through with a full court hearing.

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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