Our client was a 66 year old woman who slipped and fell at a large shopping centre in Southern Sydney. She was walking along a pedestrian concourse in the centre when she slipped on an organic substance that had been left on the floor. As a result she fell into the window of a nearby store and onto the floor.
Our client suffered injuries to her hip and back in the fall. Her injuries caused serious pain, discomfort, stiffness and restriction of movement and affected her ability to perform physical tasks. Additionally, she was unable to stand or walk for long periods of time and had difficulties squatting, bending, twisting and lifting heavy objects.
Due to her injuries and disabilities she was unfortunately unable to return to work in her own business. She had to hire extra people to perform the work that she previously would be able to do. This of course had a significant negative affect on her business and its profitability.
We had our client assessed by an expert Orthopaedic Surgeon and an Occupational Therapist who detailed the level of impairment and ongoing disabilities that affected our client. The reports prepared by our experts allowed us to quantify the damage suffered by our client and helped to clarify the monetary compensation that our client might be awarded by a Court.
We commenced proceedings in the District Court of NSW against the shopping centre and their cleaning contractors. We alleged that the centre owed a duty to its customers to ensure the floor was safe and free from contaminants that may cause someone to slip and fall. By failing to adequately clean the area the centre breached its duty of care to our client, and this resulted in her fall.
The Defendants obtained their own expert evidence and agreed to engage in settlement negotiations. We pushed for an early settlement conference hoping to obtain a quick resolution to the matter for our client.
At the informal settlement conference the parties agreed to settle the matter for $100,000. This was a great result for our client in circumstances where the liability of the shopping centre was in question. The client was happy to have a resolution to her matter and compensation for the damage she had suffered.
At Gerard Malouf and Partners we are experts in public liability claims. If you have been injured at a shopping centre or another public place contact us today for a free consultation with one of our expert lawyers. We will be happy to discuss how can assist you on a No Win No Fee basis to obtain the compensation that you are entitled to.