Loose Drain in Dark Car Park at Block of Flats Causes Substantial Injury

PUBLISHED 27 Feb 2014

Our client was a resident of a block of units. One evening on returning home he walked into the drive way area of the block of units and stepped into a drain which stretched out across the car park. As a result of the failure of the sensor light to activate and the dislodgment of the drain, our clients foot lodged into the drain resulting in losing balance and falling on to the floor surface.

As a result of the fall our client suffered serious injury to the right wrist together with injury to the nose, cuts and abrasions to the face. Our client underwent surgery to the nose but had a good recovery. He also had surgery to the wrist.

Our client came to Gerard Malouf & Partners Compensation Lawyers seeking advice on taking action against the body corporate in negligence.

Investigations were commenced by our firm to ascertain various levels of knowledge by the body corporate about the defects of the light and the drain floors. It lead us to the conclusion that our client would succeed and negligence proceedings were commenced in the District Court.

An expert report was obtained dealing with issues of negligence in relation to the grate and also lighting of the area.

Medical reports were obtained from an orthopaedic surgeon in an effort to try to settle the matter before going to court.

A settlement conference was arranged with the lawyers for the body corporate. In addition to the preparation of the firm we have briefed experienced counsel and negotiations took place at the lawyers office.

In the end the matter settled for a significant sum and in excess of $120,000.00.

The client was extremely happy with the result with the monies that he would receive and the fact that we were able to minimise costs by settling the matter prior to going to a Hearing.

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