Hurstville woman slips in restaurant and receives $100,000 in damages

PUBLISHED 16 Mar 2017

A Hurstville woman who has slipped in a restaurant has received over $100,000.00 in damages. Our client attended the restaurant for a family dinner. As she was walking past the kitchen, our client has slipped on a food substance which had been dropped from a plate, causing her to fall heavily and sustain injury to her left knee.

At the time of the accident, our client was employed full time and required some 4 weeks off work. Our client was independent at home in performing her domestic duties and required assistance to help with heavier tasks around the home on an ongoing basis as a result of the fall. This lady attended upon the expert public liability lawyers of Gerard Malouf and Partners for a free consultation. During this consultation, a statement was taken on our client’s behalf which detailed the impact this injury had on her life. Accordingly, our compensation lawyer advised her of what could be claimed. These were as follows:

  1. Pain and suffering, otherwise known as general damages;
  2. Past and future economic loss;
  3. Past and future domestic care and assistance;
  4. Past and future out of pocket expenses.

Following the initial conference with our expert public liability lawyer, we commenced our investigation of the claim. This included serving a Letter of Demand on the restaurant owners and drafting a Statement of Claim and Statement of Particulars to be filed in the District Court of NSW.

A Statement of Claim is a document which sets out the accident itself, and which sets out the pleadings of negligence. A Statement of Particulars is a document which sets out the injuries, disabilities and ongoing losses which the claimant suffers, in accordance with those listed above.

Following our initial investigations, these documents were drafted and finalised and the matter was commenced. Our pleadings against the restaurant owner were such that stated the risk of having food droppings outside of the kitchen was an obvious risk, and precautions ought to have been taken to prevent and/or minimise this risk. Our accredited personal injury specialist argued that a number of precautions that could have been taken were not, thus raising the potential risk of harm to our client and other restaurant goers.

Once all the medical and liability evidence was obtained in the matter, the parties agreed to sit down for an Informal Settlement Conference in an attempt to settle the matter prior to a Hearing.

On the day, our public liability expert attended the conference with our client and negotiated a settlement amount. Our client was happy to accept an offer of over $100,000.00.

If you or anybody you know has been involved in a public place accident please contact the expert personal injury solicitors at Gerard Malouf and Partners for a free consultation to discuss your legal entitlements.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.