We recently represented a Sydney woman after she had sustained an injury from a slip and fall on a strawberry in the fresh produce section of a Woolworths Supermarket.
On her instructions, we commenced proceedings. We obtained expert medical evidence and had her medically examined. We served this evidence on the Defendant.
We had identified this matter as one that could resolve early and approached Woolworths at an early stage in the proceedings to negotiate an early settlement to keep costs at a minimum.
We argued that at all material times the Defendant owed our client a duty of care as the occupier of the premises to ensure that our client was kept reasonably safe when she was on the premises.
We believed that the Defendant’s duty of care extended to ensuring that the aisles of the supermarket was free of trip and fall hazards.The risk of harm to our client occasioned by unsafe aisle was foreseeable and the risk of harm was not insignificant.
Shortly after commencing proceedings, we invited the Defendant to attend an informal settlement conference. At that conference we were able to resolve the claim to our Client’s satisfaction.
Gerard Malouf & Partners prides itself on its ability to evaluate liability issues, especially in public liability claims and advise our clients as to whether we believe there is a reasonable case to pursue without taking unnecessary and unreasonable risks. In all public liability cases, the first step in the process is to ensure that we are able to show that the defendant breached their duty of care and that they were negligent. Once this aspect of the claim has been established it becomes very straightforward to proceed with the claim with a view of trying to resolve it without the need to go to Court and incur unnecessary legal costs.
If you have been involved in an accident in a public place, a supermarket, a shopping centre or a department store and believe they were responsible for you sustaining injuries, it is important to ensure that you contact the specialised team at Gerard Malouf & Partners to advise you about pursuing a claim.