Patron injured when they slip and fall on rose petals at a reception lounge awarded compensation

PUBLISHED 24 May 2016

Our client was an elderly year old lady who attended to a large function centre in western Sydney, Lidcombe in march, 2014 when she was attending to a political annual gala dinner at the function centre.

Our client attended the function with her husband and children in relation to a politician who was visiting from Lebanon.

Towards the end of the function around midnight, some guests took the petals off white roses placed on the tables and began thrown them upon the Lebanese politician who was sitting near to the wooden dance floor. There was at least 600 if not more guests at the function.

When our client decided to leave the function she began walking across to the wooden dance floor to a table where her family and friends were in order to say goodbye. The lighting was dim. The dance floor was a light brown colour. As she walked across the dance floor, the client slipped and fell heavily onto the ground landing heavily on her left wrist. She had slipped on the rose petals which were on the floor. Our client did not see the rose petals before slipping.

As a result of the accident our client suffered a fractured left wrist and injuries to her left hand, right shoulder, neck, lower back and a psychological injury. She ultimately developed reflex sympathetic dystrophy as a result of her serious fractured left wrist.

Our client’s injuries significantly impacted upon her ability to participate in normal social, domestic, recreational and family activities. They suffered in a significant loss of enjoyment of life and restricted her capacity in all aspects of her lifestyle.

A claim for damages in negligence was launched against the reception lounge on the basis that there was a risk of harm that existed at the time of the accident and which ultimately materialised and that was the risk of guests being injured as a result of slipping on rose petals that were left on the dance floor. The risk of injury was foreseeable and the risk of harm was not insignificant.

It was alleged that the defendant and/or its agents and/or servants of the reception lounge had failed to take reasonable care to prevent that risk of harm from materialising and which ultimately resulted in our client’s serious injury, loss and damage.

Our client’s significant injury to her left wrist resulted in a consensus of medical opinion stating that she would require surgery to her left wrist in the future. This was conceded by the doctors for the insurance company.

A claim was submitted for non-economic loss for permanent impairment and pain and suffering, past and future treatment expenses and past and future care by reason of the seriousness of our client’s injuries and the adverse effect that they had upon her loss of enjoyment of life on a daily basis.

 

An expert’s report was obtained and served upon the defendant which confirmed that the reception lounge would be found liable in negligence for failing to take any or any adequate precautions for the safety of our client and exposing to our client to a risk of injury which could have been avoided by reasonable care.

At the request of the defendant’s legal representatives and before the matter was listed for hearing an informal settlement conference was arranged between the parties after the service of the liability expert’s report to explore settlement options in the matter. Our client was present at that informal settlement conference.

After many hours of negotiation, the defendant conceded and agreed to pay a significant amount of compensation and damages for our client for her injuries, losses and damages arising from the accident.

Conclusion:-

Our client was a legal entrant to an annual gala dinner at a large function centre in when she slipped and fell on rose petals left on the floor. They resulted in her suffering a significant injury to her left wrist and left arm which left her permanently disabled. After providing all of the medical and liability evidence, the defendants through their legal representatives paid our client a substantial award of damages for her injuries, losses and damages.

If you are a lawful entrant and invitee on premises or a function centre or in respect of a particular function and you suffer injury, you may have a claim in negligence against the owners and/or occupiers of the premises who caused you to suffer significant injuries, losses and damage.

Please feel free to contact us for advice and discussion of your matter and to review the available legal options that you may consider in the circumstances of your accident.

For a free no obligation consultation, please contact us on our toll free number 1300 768 780 so that an appointment can be arranged for you to attend to protect your legal rights in the matter.

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