Change location v

A Woman Receives $275,000 in Compensation post an Accident at a Supermarket

Case Overview
  • A woman faced a Slip and Fall incident at Woolworths supermarket.
  • She sustained a fracture to her right fibula and tibia which required surgery.
  • Our medical negligence team procured the amount of $275,000 at settlement for her future cost of medical consultations.

We received instructions to investigate a claim relating to our clients slip and fall in Woolworths in February 2018, where she sustained a fracture to her right fibula and tibia. She was immediately transported to Westmead Hospital where she underwent a two-stage open fracture reduction and internal fixation. Proceedings were commenced against the Supermarket in the District Court of NSW.

“We served a Notice to Produce upon the named defendant and upon review of the records, we discovered that adequate precautions were not taken to ensure the safety of our client upon entry to the premises and there was an additional failure to warn our client of the danger of floor contaminants.”


Susan Newman
Our Approach

In order to prepare this matter for hearing, we obtained an expert report from a plastic and reconstructive surgeon, a rehabilitation consultant as well as an Occupational Therapist. Our expert evidence indicated that our client sustained an array of damages including surgical scarring, distal tibial and fibular fractures, numbness of the right foot and ankle and stiffness and pain in the right knee and ankle joints.

The Result

We were able to procure a settlement amount of $275,000 for our client which accounted for the future cost of our client’s attendance upon orthopaedic specialists, rehabilitation physicians, psychological consultations, radiological investigations, future surgical repair and the ongoing cost of pain medication for the remainder of her life.

Susan Newman Lawyer

Susan Newman

Senior Associate
Have enough courage to start and enough heart to finish. – Jessica N. S. Yourko
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: