Our client had lived in a housing complex in Bankstown for about 30 years. The owner and manager of the housing complex did not repair a missing drain grate which required a new grate guard. The missing grate guard was reported to the manager/owner of the housing complex on numerous occasions.
Our client was walking through the carpark when she stepped in the incident area to allow the contractor through the driveway. Our client did not expect to encounter an unguarded drain which caused her to fall and sustain injuries to her arm, shoulder, elbow and lower back.
The defendant strongly denied that the guard was missing and argued that the guard was installed 7 days prior to our client’s fall. However, the team at Gerard Malouf and Partners thoroughly analysed the evidence which lead to the conclusion that this remedial action was taken sometime after our clients fall.
This key analysis was crucial to securing a successful settlement of the matter. Eventually, this matter was resolved by way of the Defendant paying our client damages exceeding the amount of $120,000.
Our client was pleased with the result and felt victorious considering the Defendant’s defence was to argue that somebody removed the guard only a week prior to her fall and did not have any knowledge or awareness of lack who and when exactly such removal took place.
If you believe that your premises have not been adequately maintained and you have sustained an injury as a result of hazards being created by such neglect, please contact Gerard Malouf & Partners for the purpose of obligation free advice