Public Liability fall as a result of a protusion at a reception hall

PUBLISHED 03 Apr 2013

The Plaintiff in this matter attended a wedding reception in February 2010. Whilst at the wedding reception, the Plaintiff was required to walk between tables and chairs in order to reach the restroom when he fell as a result of a black protrusion which was jutting out from a platform on which the bridal table rested.

As a result of the subject slip fall accident, the Plaintiff sustained a non-displaced fracture to his right arm as well as a significant injury to the right shoulder.

Due to the subject accident, the Plaintiff incurred out of pocket expenses, economic loss and also required domestic care and assistance.

Initial instructions were obtained in March 2010 and a Statement of Claim was filed in the Sydney District Court in November 2010.

A claim was made for pain and suffering damages, past and future out of pocket expenses, past and future economic loss and past and future domestic care and assistance.

In order to prove our case on liability, a liability report was obtained and a view was held at the Defendant’s premises. The liability expert confirmed the cause of the fall was the Defendant’s failure to identify the tripping hazard which was placed in an area across which pedestrians were required to pass.

We then arranged for the Plaintiff to be assessed by an orthopaedic surgeon. The report obtained confirmed the injuries sustained to the Plaintiff’s right arm and right shoulder and the ongoing disabilities.

Once all the reports and clinical records were obtained and served, a Summary of Damages was prepared and the Defendant’s Solicitors were invited to an Informal Settlement Conference.

The matter was listed for Hearing in September, 2011.

At the Informal Settlement Conference the matter resolved in favour of the Plaintiff for $80,000.00, all inclusive.

Gerard Malouf, Vrege (Reg) Kolokossian and Juliana Nikolovski worked hard as a team and fought aggressively to ensure that the Plaintiff received adequate compensation for his damages and losses as caused by the Defendant.

Overall, the case was completed in little over one year.

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