Man injured by public toilet door in a shopping centre awarded $60,000 in compensation

PUBLISHED 12 Feb 2015

In this matter we acted for a 48 year old man who had a toilet door, located inside a shopping center fall on his toe, consequently suffering injuries to his toe.

We carried out independent forensic investigations with respect to the issues of liability and obtained photos from our client as well as requesting medical records from our client’s family doctors.

After obtaining instructions from our client and collating the medical evidence in the case, we commenced proceedings in District Court of New South Wales. The instructions received from our client showed the case to be of a technical nature. Accordingly we briefed a barrister who had experience in arguing matters of a similar nature.

The Defendant did not admit liability and argued that the accident was caused by our client’s negligent behavior. We therefore retained an engineer to provide an expert report on the issue of the safety of the door hinges and door weight. Our expert provided us with a comprehensive report in which he addressed the structural issues of the door. 

We also arranged for our client to undergo a medical examination with an orthopedic specialist and sought their view on what the future held for our client with respect to his injury. The medical evidence obtained by our expert as well as the treating doctors all assisted in strengthening our client’s case.

The Defendant requested to have our client examined by two of their doctors who provided medical reports. The opinion contained in the report produced by the Defendant’s medical expert conflicted with the findings of our medical expert with respect to future economic loss, future need for treatment as well as past and future ability to attend to home chores and tasks.

Prior to having the matter heard by a Judge of the District Court of New South Wales, we arranged a conference with the Defendant’s solicitor in a final attempt to resolve the claim without the need to incur the cost of a hearing.

At conference we were able to persuade the Defendant’s solicitors that our client’s position was both genuine and realistic. We secured a settlement of more than $60,000.00.

Our client was happy to have received a fair compensation amount without having to go through the difficulties posed by a hearing.

If you have been injured in a shopping centre or public place, contact us on 1800 004 878 for free over-the-phone advice or to take advantage of a free first consultation with one of compensation lawyers.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.