Fall in Kings Cross nightclub whilst dancing on the dance floor due to a liquid spillage

PUBLISHED 24 Jul 2013

In this matter, the Plaintiff attended a Kings Cross nightclub and fell whilst dancing on the dance floor due to a liquid spillage. The substance on the dance floor caused the Plaintiff to fall forward breaking both wrists, fracturing her jaw, losing 2 teeth and chipping numerous other teeth. The Plaintiff was taken to Hospital by ambulance requiring an open reduction internal fixation of one of her wrists with the insertion of a plate and bolts.

Proceedings were commenced in the Sydney District Court in 2012 for pain and suffering, past and future out of pocket expenses (including future dental treatment and any future further orthopaedic surgery) and domestic care and assistance.

A public liability report was obtained. The liability expert confirmed that the floor did not have adequate slip resistance which could have been achieved by using a more suitable material for the floor or by treating the surface with anti slip treatment. The liability expert concluded that had the measures been carried out, it was likely the incident would not have occurred.

Medical reports were obtained which confirmed that the Plaintiff is likely to require further major dental work and may also require the removal of the plate and screws from the right wrist.

An assessment of the claim was performed and the matter was subject to a settlement negotiation however did not settle on that occasion.

Negotiations continued thereafter and the matter subsequently resolved for $90,000.00 all inclusive which was adequate compensation for the claim. Accordingly, the matter did not proceed to the allocated hearing.

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