Public Liability fall as a result of insufficient lighting and hazardous stairs

PUBLISHED 02 Apr 2013

The Plaintiff in this matter attended upon the Defendant’s premises as a lawful entrant.

Upon exiting the external stair case on December 2009 at approximately 8.00pm, the Plaintiff fell due to insufficient lighting and thereby sustained injuries and damages.

The main injury sustained by the Plaintiff was a fracture to the left arm requiring the insertion of a plate and screws.  Surgery was accordingly required. The Plaintiff was also required to wear a plaster cast for approximately six months.

As a result of the subject accident, the Plaintiff incurred out of pocket expenses and economic loss and required domestic care and assistance.

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

Non economic loss (pain and suffering) damages were claimed as were past and future out of pocket expenses, past and future economic loss and past and future domestic care and assistance.

A liability report was obtained in order to prove our case on liability. The public liability expert confirmed inadequate lighting did not allow safe passage down the stairs. Furthermore, the stairs posed a hazard as there was no handrail, no non slip tread/nosings and line markings.

The Plaintiff was assessed by an orthopaedic surgeon who confirmed the injuries sustained and the ongoing disabilities. Once all the reports and clinical records were obtained a Summary of Damages was prepared and the Defendant’s Solicitors were invited to an Informal Settlement Conference.

The matter was also listed for Hearing in October 2011.

Unfortunately, the matter did not resolve at the Informal Settlement Conference. Nevertheless, negotiations continued and the matter subsequently resolved in favour of the Plaintiff for the amount of $125,000.00 all inclusive.

Gerard Malouf, Vrege (Reg) Kolokossian and Juliana Nikolovski worked hard as a team and fought aggressively to ensure the Plaintiff was adequately compensated for the damages and losses caused by the Defendant.

Overall, this matter completed in a little over a year and a half.

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