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Customer who slips and falls sues Bunnings and receives substantial damages compensation

Our client was a 61 year old customer of Bunnings Group at Bankstown.

On or about February 2014 he was walking through the front entrance of the Bunnings premises at Bankstown when he slipped on rain water which had contaminated the floor and which caused him to fall.

He suffered a fractured left elbow as a result of the fall. He was left with significant and permanent impairment to his left elbow.

We sued the Bunnings Group in negligence and he succeeded in obtaining a significant award in his favour in respect of his injuries, losses and damage.

Our client was a lawful customer of Bunnings Warehouse and attended their Bankstown Store for the purposes of shopping.

As he was walking through the front entrance of the premises he slipped on rain water which was on the floor. It caused him to fall and suffer a serious fracture to his left elbow.

On his behalf we sued Bunnings in negligence in causing his injury, loss and damage.

Some of the particulars of negligence included failing to remove their rain water from the floor in a prompt manner, failing to adequately clean the floor on the premises, failing to routinely inspect the floor of the premises so as to detect the presence of rain water on the floor, failing to place non slip mating at the entrance of the premises, failing to engage competent cleaners and failing to warn the Plaintiff by an appropriately places warning sign of the presence of water on the floor.

We obtained an experts report from a consulting engineer which substantiated the allegations of negligence on his behalf.

Whilst Bunnings file their Defence denying all allegations, they did not obtain any expert report with respect to the issue of liability.

Our client had treatment with his doctors and specialists and was referred to an Orthopaedic Surgeon for assessments and treatment in relation to his fractured left elbow. The medical evidence revealed that there was ongoing complications with the fractured left elbow even though he continued to it because he loved his job and he did not wish to place his employment at risk.

We had our client medically examined and assessed by various doctors and specialists to address the significant impairment concerning the fractured left elbow and the ongoing consequences of the left elbow injury adversely affecting his ability to lead a normal life even at the age of 62 years of age.

A claim was put in for non-economic loss being for permanent impairment and pain and suffering, past and future medical expenses, past and future loss of wages, past and future care and legal costs.

Bunnings did not serve any experts report on the issue of liability and nor did they serve any medical evidence in reply. Our client was not even examined by any of their doctors or specialists.

Bunnings accepted the liability and medical evidence served on behalf of the Plaintiff despite their denial of liability.

The matter was listed for Hearing and Bunnings resolved the matter before the Hearing proceeded.

Our client received a substantial award of damages in his favour against Bunnings as a result of their negligence in causing his injury.

Even though our client was a customer of Bunnings, he slipped and fell on rain water that was on the floor at the Entrance to the premises. Bunnings alleged that there was signs in place that our client failed to notice. It was submitted on behalf of our client that they were not in the appropriate position at the time and that there were a number of allegations of negligence that would be pressed to establish his negligence claim against Bunnings on liability grounds.

The medical evidence was agreed to and non-contentious.

If you are a person who has suffered injuries and disabilities as a result of a slip and fall at Bunnings, you may be entitled to receive a substantial award of compensation as a result of the negligence of Bunnings who have caused your injuries, loss and damage which have adversely affected your ability to lead a normal life.

For a free no obligation consultation, please contact our toll free number, 1300 768 780 so that an appointment can be arranged for you to attend to protect your legal rights arising from any slip and fall that has taken place on Bunnings premises.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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