On 29 November 2013 our client visited Fiji with a friend and stayed at the Radisson Blu Resort in Denarau. On the afternoon of 2 December 2013 Fiji experienced heavy rains. That evening our client and her friend attended another popular Fiji Resort to listening to some live music.
The music venue was an outdoor gazebo, which over looked the hotel pools and the ocean. At some stage in the night our client required the use of the bathroom. This involved leaving the gazebo and walking down an outside path. The path was coloured white and dimly light. As a result, she did not notice the thin layer of water which was left after the afternoon rain.
Our client slipped and dislocated her hip and sustained further injuries to her shoulder from the resulting fall. Luckily a young man was nearby to assist her. He escorted our client to the front desk where they refused to provide a doctor to her, nor did they make note that the incident happened. He then escorted her back to the Radisson Blu Resort where they provided medical treatment and a doctor to our client.
Upon her return to Australia, our client underwent surgery and extensive physiotherapy. After seeing the bills start to stack up and still severely embarrassed by the accident she contacted Vrege Kolokossian of Gerard Malouf and Partners in order to obtain compensation for her injuries.
Initially the insurance company denied that the accident even occurred at their resort. Mr Kolokossian found contact details of the young man who assisted our client after her fall. He was able to persuade him to provide a signed statement outlining what he saw and experienced of our clients accident.
Our client was in the middle of building her own business when this accident occurred. After observing the tax returns of our client, Mr Kolokossian found a pattern with her earning capacity. Each year the client was earning exponentially more than the year before. Except the year of the accident where she earned considerably less than the year before.
We were able to obtain compensation for her loss of income she had following this accident. This included all sick days and an allowance for the future time taken off from work.
Ultimately the amount she received included an allowance for her past and future medical bills. She was very embarrassed by her accident as well as outraged at how she was treated by the resort staff. We secured compensation for our client's pain, suffer and embarrassment she suffered from the injury.
Our client was very happy to settle her case for a payout of $120,000.00.