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In October 2022, a routine lunch outing turned into a life-altering experience for 66-year-old retiree Jennifer. She and her husband had simply planned to grab a meal from a local restaurant in Penrith.
“My husband and I decided to pick up a pizza from a local restaurant and take it home for lunch,” Jennifer recalls.
“There had been a very light shower of rain earlier but it was not raining when we came out of the restaurant. I walked successfully down a few stairs, then a few steps further on the landing, when I then slipped backwards, landing flat on my back.”
The fall resulted in serious injuries that would drastically affect Jennifer’s daily life and independence.
The incident caused an endplate fracture at L3/4 with associated progressive deformity and aggravated her pre-existing spinal condition, ultimately requiring surgical intervention.
“I knew the injury was severe at the time of the accident,” Jennifer shares. “An ambulance was called and I was taken to hospital. I was given the green whistle when they first arrived to try and help with the pain.”
The accident dramatically altered Jennifer’s ability to perform even the most basic tasks. Her active lifestyle of regular walking, hydrotherapy, gardening, and painting came to an abrupt halt.
“My daily activities were non-existent in the first few months after the accident, passing my family responsibilities on to my family,” Jennifer explains.
“When I first fell I could not shower myself or get in or out of bed without assistance. When I finally pushed myself to get out of bed, I still needed assistance with many activities including shopping. To this date, I still don’t attempt the groceries alone.”
Jennifer’s path to recovery was long and challenging, with both physical and emotional hurdles.
“In the months after the accident but prior to surgery I was very low, as improvement had slowed and, other than being able to get out of bed and move to a chair, I wasn’t able to keep up with my household duties, usual walking regime or any of my hobbies,” Jennifer shares.
“After the surgery, my recovery slowly improved however during surgery I developed an axillary nerve lesion in my left shoulder causing extreme pain and inability to use my left arm or lay on my left side at all for months.”
Monica Sadek, Jennifer’s lawyer at GMP Law, explains the complexity of the case.
“There was a significant liability dispute between our expert and theirs, as we had differing assessments and valuations. The restaurant’s staff members were prepared to testify that a wet floor sign was present and that our client slipped next to it. However, Jennifer and her husband, who was with her at the time, maintained that there were no warnings indicating a slippery surface.”
The case was further complicated by Jennifer’s pre-existing spinal condition.
“She had a large pre-existing issue with her spine which required previous spinal fusions,” Monica acknowledged. “This added a layer of complexity to establishing causation for her current injuries.”
GMP Law’s approach was comprehensive, focusing on gathering expert medical evidence to establish causation despite Jennifer’s pre-existing conditions.
Monica and her team worked diligently to counter the defendant’s claims about warning signs and to document the full extent of Jennifer’s injuries, which included:
Despite the case being listed for hearing, GMP Law was able to negotiate a settlement that appropriately compensated Jennifer for her injuries and ongoing limitations. The case took 20 months from Jennifer first approaching GMP Law to reaching a resolution.
“My case has just settled. I will be able to afford assistance with household and garden duties, a major concern for me,” Jennifer explains with relief.
Monica adds, “This settlement not only helps Jennifer adjust to her new reality but also sends a clear message to businesses about their duty to prioritise customer safety, particularly during challenging weather conditions.”
Jennifer is candid about the lasting impact of her injuries.
“I still have back pain and am taking pain medication – this will be lifelong. I still have numbness in my right foot, an inability to lay on my left side for any longer than 10 minutes without shoulder pain, and periods of low mood due to pain and restrictions.”
For Monica, knowing that Jennifer now has access to the support she needs brings a sense of relief.
“What’s most rewarding is seeing Jennifer able to secure the assistance she requires for daily activities that many of us often take for granted.”
Drawing from her experience, Jennifer offers valuable advice to others who might face similar situations.
“As soon as you are able, write down in detail what occurred at the time of the incident. Seek professional legal advice and follow it. Don’t be in a rush, let the professionals handle it.”
“I didn’t exaggerate my injuries or hide previous issues. My case was reasonable and had considerable legal grounds. I listened to GMP Law and followed their advice the whole way.”
As Monica concludes: “Jennifer’s case highlights the importance of thorough investigation and expert evidence in premises liability cases, especially when dealing with pre-existing conditions. Despite the defendant’s attempts to ship blame with claims about warning signage, we were able to establish their negligence in maintaining a safe environment for their customers.”
This case demonstrates GMP Law’s ability to navigate complex cases with difficult defendants or insurers, consistently advocating for our clients and securing fair outcomes, even in the most challenging circumstances.
If you believe you have a public liability claim, reach out to GMP Law. Our team of lawyers will help you maximise your claim in the minimal time possible.
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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