This matter involved a woman who was renting a residential premises from a local real estate agent in the Hunter region. She had been living in this premises for approximately 4 months when she had her first rental inspection. At this time, she made a complaint to the real estate about the driveway, as she had noticed that the driveway was very steep and slippery when wet. Despite her complaint, nothing was done about the driveway and sometime later on a rainy day, as she was getting into her car, her foot slipped and she fell heavily to the ground.
As a result of the slip and fall, our client unfortunately suffered multiple injuries to her right knee including injury to the right knee and ankle as well as a fracture to the fibula. In addition to her physical injuries, she also suffered psychologically as she was wheelchair bound for a period and unable to attend to any pre-injury domestic or recreational duties.
Distraught by her injuries and the impact it was having on her life, our client approached Gerard Malouf and Partners to enquire about the possibility of pursuing a public liability claim. Julie Baqleh, an Accredited Personal Injury Specialist, took carriage of the matter. When Ms Baqleh formed the view that there was a reasonable case against the real estate agency on the basis that they had failed in their duty of care to our client as a tenant.
We proceeded to brief one of our consultant liability engineers who visited the accident site and performed a comprehensive test and examination which he used to compile a detailed expert report. This report was ultimately supportive of the fact that the driveway was steep and slippery and this could have been rectified by simply coating the driveway with a non-slip coating. Ultimately, we proceeded against the Real Estate agent, the building company, and the contractor who constructed the driveway.
We then had our client assessed by an Orthopaedic Surgeon and Occupational Therapist to provide reports on the extent of our clients injuries, the impact they had on her life, and future requirements for medical treatment and domestic care and assistance.
Prior to the matter proceeding to hearing at court, the parties agreed to participate in an informal settlement conference. We were able to secure a settlement figure of $140,000 for our client. Our client was very happy with this outcome and thanked Gerard Malouf and Partners for our ongoing commitment to her case.
Please contact our specialised team at Gerard Malouf and Partners today for free advice on pursuing a public liability claim if you have been involved in an accident at a residential premises or similar public space and you believe someone else is responsible for the injuries you have sustained.