The Plaintiff in this matter attended a Shopping Centre located in North Western Sydney in the early hours of the morning.
As she was proceeding down a travelator, the Plaintiff slipped and fell as a result of mud and debris on the travelator.
At the time, there was construction occurring within this Shopping Centre.
Due to the slip and fall, the Plaintiff sustained injuries to her tail bone and neck. The Plaintiff developed acute headaches as a result of the fall and radiology revealed changes at various levels of her neck.
Proceedings were commenced against the Shopping Centre and the Cleaning Contractor in or about 2012.
The Plaintiff made a claim for pain and suffering, past and future medical expenses, and past and future domestic care and assistance.
A liability report was obtained which noted that the slip and fall may have been prevented by ensuring the surface on the travelator was kept clean under all conditions and/or stopping the travelator from being used whilst construction works were being carried out at the Shopping Centre.
The expert was of the view that the cause of the slip and fall was the failure to implement safe work practices and a failure to ensure a safe means of access to all areas of the Shopping Centre.
CCTV footage of the slip and fall was obtained and it confirmed the Plaintiff fell as instructed.
The matter was listed for Hearing. Prior to the Hearing Date, the parties engaged in settlement negotiations and the matter was thereby resolved.
The matter settled for $50,000.00 all inclusive, which was a superb result, given that the Defendants submitted that they had inspected the travelator following the slip and fall and had failed to identify any mud or debris on the travelator.