A woman slipped and fell in a liquid contaminant on the floor of a shop, sustaining an injury. The woman, unsure of her rights for compensation having not actually fallen to the ground when she slipped, contacted Gerard Malouf and Partners. The woman was given advice on the spot and advised she had a right to bring a claim and that she was likely to receive compensation for her losses.
Gerard Malouf and Partners issued a letter of demand, arranged for the client to be medically assessed by an orthopaedic surgeon, and, once the relevant evidence had been gathered, commenced Court proceedings in the District Court of New South Wales.
Gerard Malouf and Partners successfully negotiated a settlement before the Court proceedings progressed all the way to a formal hearing.
Before coming to Gerard Malouf and Partners, the client was offered $5,000 from the shop. Gerard Malouf and Partners secured a settlement of $75,000.
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 compensation amount in a supermarket accident case can vary depending on the severity and impact of an injury. If an injury requires extensive medical care, limits your ability to work or severely impacts your quality of life you can expect a relatively large sum.
In general, in a public liability case you can claim damages for:
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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