FALL AS A RESULT OF A TORN RUG ON BUSINESS PREMISES

PUBLISHED 26 Apr 2013

In this matter, the Plaintiff attended the Defendant’s prestigious store for shopping.   Whilst so engaged, the Plaintiff tripped and fell as a result of a torn rug on the Defendant’s business premises.

As a result of the fall, the Plaintiff sustained a fracture to her left arm.

Proceedings were commenced by way of Statement of Claim filed in Court in July 2012.

A claim was brought for:

  • pain and suffering;
  • past and future out of pocket expenses; and
  • past domestic care and assistance.

No claim was made for future domestic care and assistance as the plaintiff did not require same.

As the Plaintiff is a retired pensioner, there was also no claim made for past or future economic loss.

A Liability Report was to be obtained, however, the Defendant advised that it had disposed of the offending rug.

An Orthopaedic Medical report was obtained confirming the Plaintiff’s injuries and ongoing disabilities.

Surprisingly, despite disposal of its rug and in the absence of a liability report from the plaintiff, the Defendant conveyed an opening offer which was well above the assessed value of the claim. In turn, a counter offer was conveyed.

The parties then negotiated and, ultimately, the matter settled at the end of January 2013 for $60,000.00 all inclusive, being double the foreshadowed value of the compensation claim. The Plaintiff was pleased with the outcome.

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