Liquors store pays compensation to customer for leaving floor wet after being mopped!

PUBLISHED 24 Sep 2019

Our client was attending to a liquor store in New South Wales for the purposes of purchasing alcohol drinks, and as she was walking toward the front counter, she slipped on the wet floor which caused her to fall to the ground and suffer serious injury. The floor had just been mopped and left to dry. She was taken to hospital where x-ray reports revealed that she had suffered with a fractured left hip for which she was required to undergo surgery. We sent a letter a demand claiming negligence was sent to the liquor store. Had the floor not been wet she would not have slipped and fallen to the floor or even being injured. They knew or ought to known that having wet mopped the floor it would remain wet until it dried naturally, and that the floor was slippery when wet. The video footage of our client’s accident confirmed the accident, and that we would be able to establish negligence against the liquor store.

The insurer denied liability on behalf of the liquor store. We therefore launched legal proceedings against the store in negligence, for our client’s injury. We arranged for our client to be medically examined and assessed, and it was determined that she suffers from a significant impairment of her right lower leg and right hip for which she underwent surgery. He assessed her as suffering a loss of efficient use of the right lower extremity of at least 60% efficient use and this was of a permanent nature. Her injury had caused her a significant loss of enjoyment of life and required for her to need domestic assistance and care since the injury. Our client’s family doctor also provided a medical opinion that the fracture of the right hip may well increase degenerative process in nearby joints including the right and right hip, and that her ability to lead a normal life has been impaired as she walks with a significant limp as a result of the injury.

We claimed permanent impairment for pain and suffering, past and future out of pocket and treatment expenses, past and future domestic care and assistance as a result of the accident. Prior to the matter proceeding to a hearing, the liquor store insurer invited us for an informal settlement conference to review the liability and medical issues in the matter and to discuss the damages component of the client’s claim. At the completion of the informal settlement conference, the liquor store was ordered to pay our client a significant award in damages in compensation for our client’s significant injury to her right leg which has left her permanently impaired. Our client was extremely happy of the outcome and resolution of the matter.

If you suffer an injury as a pedestrian or lawful entrant and customer whilst attending a store and that this injury is due to the negligence of the other party, you may be entitled to receive an awarding damages in compensation for your injuries as a result of your accident. It is essential that you establish negligence against the other party to be successful in your claim.

Our client in this case was a customer attending to a liquor store close to where she resides. The floor had just been mopped and this caused her to slip and fall to the ground and suffer serious injury. After we addressed the liability issues, we obtained medical assessments in relation to the client and it was confirmed that she had suffered permanent physical and psychological injuries as a result of the accident. We attended to an informal settlement conference with the insurer for the liquor store and the liquor store was ordered by the court to pay our client a significant award in damages in compensation as a result of the negligence of the liquor store in leaving the mopped floor wet, and causing our client to suffer serious injury.

For a free no obligation consultation, please contact our Toll-free number on 1300 768 780 so that an appointment can be arranged for you to attend our office to advise you of your legal rights arising from your accident.

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