Public Liability Claim for Injury Caused by Trip in Pothole at a Private Car Park

PUBLISHED 23 Apr 2013

We have acted for numerous clients who trip in poorly maintained public and private carparks.

In this particular case our client suffered an injury when she tripped in a car park owned by a company.

This case involved our client walking through a car park on her way to a shopping centre. As she exited from her car she walked a few steps and fell due to a significant depression (‘pothole’) in the ground. Our client has suffered a significant injury to her ankle as a result of a large pothole that had not been repaired by owners of the car park. Photographs were taken of the area which showed many areas that required repair. Our firm commissioned an expert to review the size of the depression and comment on the need for inspection of the premises so as to avoid any injuries.

Our client at the time was a mother of two children and was starting to study a course so as to return into the workforce. Evidence was obtained as to her economic loss including statements from other people who knew about her plans for the future. There was a significant dispute about her returning to work as she was not working for the past few years.

Proving economic loss is a difficult task and significant evidence is required to show that our client would have returned to work within a reasonable period of time and would have earned a certain amount of money. In support of our clients claim we obtained a report from an occupational physician to discuss her work capacity in the future.

Armed with medical evidence in support of the injury and also a report on liability from an engineer the defendants invited us to an informal settlement conference. This public liability claim was resolved at the settlement conference. Our client was extremely happy with the result and how quickly the matter was resolved.

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