We recently settled a Public Liability Claim were our client suffered serious rotator cuff injury from slipping and falling down a set of external stairs for $160,000.
Mr B is a 62 year old who resides in Liverpool.
In May 2011, Mr B attended a local shopping centre to use the ATM facilities. As he was leaving the centre he slipped and fell down a set of dark, wet stainless-steel external stairs.
He was transported by ambulance to Liverpool Hospital where she was treated but not admitted, and diagnosed with a serious rotator cuff injury to the right shoulder. He had physiotherapy and was referred for surgery.
He turned to Gerard Malouf & Partners.
Mr Tony Chow took carriage of the matter. Mr Chow set to work obtaining our client’s medical records and conducting research and investigations.
Mr Chow briefed a specialist Barrister. He organised a view of the premises to obtain expert liability evidence to prove the negligent conduct of the shopping centre, and arranged medical assessments by expert doctors to obtain medical reports and opinions to fully understand the extent of our client’s injuries.
We commenced Court proceedings against the shopping centre and claimed negligence on two fronts. Firstly, for having failed to provide a safe means of access to all areas of the centre, and secondly for the use of the tiles in the area subject to the weather which were not appropriate in wet conditions. The Defendants denied negligence and claimed our client failed to watch where he was going, failed to take reasonable care for his own safety and failed to detect, observe and take heed of an obvious risk.
Working with the team at Gerard Malouf and Partners and a specialist Barrister, Mr Chow was able to progress this matter to the point where an Informal Settlement Conference became possible. This was essential to ensure costs were kept low in this matter and to ensure our client had a timely resolution.
This matter was settled at the informal settlement conference for an outstanding result of $160,000 that our client was very pleased with. We hope that this settlement reminds shopping centres that negligent acts significantly alter the course of people’s lives, and encourages them to be vigilant ensure incidents like this do not occur. We also hope that this settlement allows for our client to continue to obtain medical treatment and assist him to move forward with his life.
We are highly specialised and focussed lawyers with our firm being small enough to care intimately for our clients, but large enough to have the solid, financial, medical and expert resources our clients need to match the big insurers we fight every day.
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