The middle aged Plaintiff in this matter was visiting her friends at an apartment block in south-western Sydney.
On that occasion at approximately 6.30pm, as the Plaintiff was walking through the ground floor common area, she fell as a result of an unmarked and ungrated hole in the ground. Furthermore, the light fitting directly above the hole was not working.
As a result of the fall the Plaintiff sustained personal injury to her left shoulder in the form of supraspinatus tendonitis, a rib fracture and a soft tissue injury to the right ankle.
A liability report was obtained which confirmed that a system of maintenance would have identified the hazard posed by the missing grate cover and broken light fixture.
The report concluded that the primary cause of the injury was a failure to provide a safe means of access to all areas of the residential complex.
Public liability proceedings were commenced in the Sydney District Court for compensation and damages in relation to pain and suffering and past and future medical expenses.
No claim was made for economic loss or domestic care and assistance.
Ultimately, the matter was set down for Hearing in August 2013.
In an attempt to achieve a quicker result for our client and save legal costs, injury compensation settlement negotiations were entered into prior to the Hearing. The matter ultimately settled for $60,000.00 all inclusive, which was an excellent settlement, given that there was no claim for past or future economic loss or domestic care and assistance.