Our client was a 41 year old man who slipped on water while shopping at a large chain retailer’s store in the Newcastle region. Our client was pushing a trolley through the store when he unexpectedly slipped on water that the store had been spilled on the floor by another customer.
Due to the fall he suffered injuries to his back and right elbow. This led to radiating pain down his right leg which significantly impacted his mobility. He was unable to run and had difficulty standing or walking for lengthy periods of time. His injuries also caused problems with sleeping due to the pain.
We sent a letter of demand to the store’s parent company and later commenced proceedings against them in the District Court of NSW. We alleged that the store had breached its duty of care to our client by not cleaning up the spilled water, putting up signs warning of the danger or providing a non-slip floor surface in the store.
In Public Liability claims we can only claim compensation for actual damage that is caused by the negligence. To quantify the extent of the damage to our client we had him assessed by an expert Orthopaedic Surgeon. Our expert prepared a report detailing the injuries and disabilities caused by the fall and any future treatment and physiotherapy needed.
After attaining and serving our expert evidence we received an Offer of Compromise from the store’s solicitors seeking to settle the matter for $26,000 without the need for a hearing. We advised our client on the strengths and weaknesses of his case and he ultimately decided to accept it, providing a resolution to his matter without prolonging the court proceedings.
At Gerard Malouf and Partners we are experts in compensation recovery in public liability claims. If you have suffered damage as a result of a fall at a shopping centre, restaurant or other location you may also be eligible to make a claim. Contact us today to book in your free initial consultation to discuss how we can assist you on a No Win, No Fee basis.