Our client came to our firm seeking advice on whether he could sue a café for their negligent system of cleaning and inspection.
Our client is a taxi driver and while having a break went to a coffee shop frequented by other taxi drivers.
After his break he was leaving the coffee and shop and stepped on a plastic area on the sloping footpath which contained dimples. This was outside the coffee shop. Unbeknown to him he stepped on a plastic coffee cup lid which was on the area which came from a near by bin which was overflowing with rubbish on the floor nearby.
As a result of stepping on the lid the situation was made worse when the lid hit the plastic dimple area and also compounded by the fact it was raining and thereby wet.
Our client slipped & fell suffering serious injuries to his shoulder.
As a taxi driver, the loss of use of the shoulder for any length of time had an effect on his ability to work.
Investigations were commenced and our client was medically examined by a specialist who prepared a report on his behalf at no cost to the client.
This matter was a difficult one as it was necessary to establish negligence against the café owners for their failure to properly maintain and clean the area.
Notwithstanding the fact area was not solely within the premises of the café, we were able to argue that the failure and the cleaning system had caused this accident as the café entices people into its premises for the purposes of selling their products and it is there obligation to ensure the safety of person on or near the premises.
The simple fact is that there was rubbish around and it was not monitored properly and the overflow of rubbish resulted in the accident.
Proceedings were commenced in the District Court and whilst the matter had potential it was certainly a difficult matter.
Nevertheless we pursued the matter and were able to successfully settle the matter in the sum of approximately $100,000 in compensation at a conference held between the parties.
The client was happy with the result, noting the difficulties of the matter and was pleased to be able to get on with his life.