Gerard Malouf and Partners takes matters other firms are afraid to run

Our client instructed that as she was walking, she was not aware there was a piece of drain/pipe protruding from the garden bed. Her heel became caught in the drain causing her to fall down suffering injuries to her right wrist.

The client required an open reduction and internal fixation procedure to the right wrist and six months later, required further surgery to remove the plates.

The owners of the store argued that as the accident took place in broad daylight, her vision was not obscured, that our client should have seen the risk, and that they, therefore, did not owe her a duty of care.

The owners also argued that the hazard was easily avoidable if our client was looking ahead of her properly.

Our firm submitted they should not expect pedestrians to have their eyes glued to the surface as they walk as pedestrians should be able to walk without having to constantly look out for hazards.