Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.
Gerard Malouf & Partners Have Provided Friendly, Experienced Legal Advice To Communities Across Australia For Over 35 Years. Our Personal Injury Lawyers Have Taken On Ten’s Of Thousands Of Cases And We Are Proud To Have Won Billions Of Dollars For Our Clients.
Meet The Diverse And Dynamic Team Of Compensation Lawyers And Supporting Staff That Have Made This All Happen Below. Our Multi-Lingual Team Can Discuss Your Claims In Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi Or Malayalam.
Read Our Latest Articles, Case Studies Or Commonly Asked Questions Concerning Your Legal Claims And Compensation Law.
Our client was with a friend within a shipping container port in the northwestern suburb of Newcastle when he was required to use the bathroom. As our client exited the container, he began walking in the direction of the bathroom, and all of a sudden and without warning a container started moving towards him. Fearing for his safety, our client was required to jump out of the way of the fast-moving container. As a result of our client taking quick action in jumping out the way, he sustained a serious injury to his left foot and left ankle.
Whilst our client was on the ground, he observed that the container was being moved by a forklift operated by one of the employees of the port container terminal. Our client was wearing a his-vis vest at all times. Our client stated that no spotter was provided with the forklift to ensure pedestrians were clear of the area. The forklift was a standard large forklift with forklift tines pushing the container and overhead lifter. The container was a large shipping container.
The port container terminal denied liability in relation to our client’s claim. We launched legal proceedings against the port container terminal in negligence and some of the particulars of negligence included the forklift driver moving the container without having any vision of what was in front of the container. We commissioned a liability expert report and that report found that the Defendant had failed to effectively implement all of the relevant requirements of work, health and safety regulations including the apparent failure to carry out risk assessments and control foreseeable risks.
Furthermore, the liability expert found the apparent failure of the Defendant to have implemented safer systems of work, in particular the failure to have ensured that forklifts are allowed/permitted to travel within close proximity to pedestrians at a speed above walking pace, spotters are provided when moving loads or that appropriate actions were effectively implemented.
It was the liability expert’s opinion that it was quite foreseeable and should have been foreseeable to the Defendant prior to the incident that the apparent failure of the Defendant to ensure to conduct adequate risk assessments all within accordance with work, health & safety regulations were reasonable preventative actions which the Defendant should have implemented to avoid our client being exposed to a risk of injury that could have been very much reduced if not entirely obviated.
With respect to our client’s injuries, he was required to have surgery on his left ankle and surgically repair the Achilles rupture. Recovering from it was complicated by an infection which necessitated further surgery. Due to our client also falling on his left hip, he suffered symptoms with his left hip and lower back for which he required treatment. It was found that our client was suffering from 20% permanent impairment of his back and 15% permanent loss of efficient use of his left ankle and left leg as a result of the incident. It was determined that his injuries had affected his ability to lead a normal life and reduced capacity to participate in normal social, domestic, recreational, sporting and employment activities.
Slips, trips and falls that occur in a public place, such as a shopping mall, car park or supermarket, can lead to public claims.
However, you must be able to show that your accident was due to negligence on behalf of the individual or organisation responsible for ensuring your safety in that environment.
In other words, you need to prove that you were owed a duty of care and that this was breached. You must also have suffered damage or an injury as a result of the negligence.
Public liability refers to the responsibilities owners or occupants of a public space have to protect anyone who enters. If the owners or occupants fall short of these responsibilities, resulting in an injury, a case for compensation can be made.
Some of the most common incidents covered by public liability law include:
Following an initial meeting, the first task will be to establish the general facts of the case. This will include your medical diagnosis, which will need to be confirmed and documented by a doctor; and proof that the person or company at fault owed you a duty of care, which will need to be demonstrated. Together, this will show that your injury occurred when they breached that duty of care.
From there a further investigation will proceed—contacting and interviewing witnesses, speaking with expert consultants, and more—all in order to bolster the strength of your case even further. Only once this process is complete, and your claim can be demonstrated and proven in full, will the process move on to the next step.
Public liability claims enable you to recoup the financial and emotional costs of suffering an injury due to someone else’s negligence. Defendants regularly offer monetary settlements to claimants, particularly if they acknowledge liability and believe they would lose in court.
But should you accept the settlement or proceed to the later stages of litigation instead, where a judge will have the final decision? Every case is different, but here are some of the factors you may wish to consider before making your choice:
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the surgeon’s recommendation, our client
Case Overview A woman from Green Valley was a passenger in a car when the driver lost control of the vehicle, leading to a collision
Case Overview We acted for a client from Western Sydney who was involved in a serious motor vehicle accident. The other driver collided into our
Case Overview We acted for a client from Coffs Harbour who was involved in a serious motor vehicle accident. The driver failed to give way
Case Overview Our client suffered multiple injuries following a car accident caused by a driver that had lost control of their motor vehicle. As a
Case Overview Our client suffered unimaginable loss following her 12-hour labour, delivering her first child by emergence caesarean. A few hours after our clients baby
Your location is currently:
