We recently represented a compassionate woman who worked as a Disability Support Carer and also volunteered at a hospital in the Dubbo Region in her spare time. After a day of volunteering, she was walking back to her car to head home for the day when she tripped over a broken stump of a pole in the hospital car park.
As a result of tripping, she fell heavily to the ground and suffered serious injuries one of which included a fracture to her right shoulder. In addition to the fracture, an MRI also revealed that she had deep tears in her rotator cuff. As a result of these injuries, our client was unable to return to work or carry out any of the pre-injury domestic duties she was responsible for at home.
Feeling defeated and distressed, she approached Gerard Malouf and Partners to pursue a public liability claim where Julie Baqleh, an Accredited Personal Injury Specialist, took carriage of the matter. When Ms Baqleh first saw our client she obtained detailed instructions about the circumstances of trip and fall accident and formed the view that there was a reasonable case against the hospital on the basis that they had failed in their duty of care to her and hospital patrons generally.
Ms Baqleh briefed an experienced senior barrister to assist on the matter and quickly obtained all relevant medical records of the client. She then proceeded to brief one our consultant liability engineers who visited the accident site and performed a comprehensive examination which he used to compile a detailed expert report. This report was ultimately supportive of the fact that the hospital breached their duty of care to our client by leaving the cut off stump in the car park, and as a result were negligent.
The parties agreed to participate in an informal settlement conference and after lengthy negotiations Ms Baqleh was able to secure a settlement figure of $210,000 for our client. The client was very happy with this outcome and thanked Ms Baqleh and her team for their ongoing commitment to her case.
Please contact our specialised team at Gerard Malouf and Partners today for advice on pursuing a public liability claim if you have been involved in an accident in a car park or a similar public space and you believe someone else is responsible for you sustaining injuries.