Slip and fall in bathroom at massage parlour

PUBLISHED 10 May 2013

This case involved a public liability slip and fall when our client attended premises for a massage. As part of the processes prior to the massage, the plaintiff was directed to the showers to have a shower prior to his massage. Prior to entering into the shower our client has slipped over a tiled surface and suffered significant injury due to there not being a mat in the location.

Although our client was not working at the time, he was still entitled to claim for non-economic loss, past out of pocket expenses and future out of pocket expenses due to the injuries that he suffered.

We proceeded to qualify an expert in OH&S who provided a substantial liability report. This report provided our client with the relevant evidence that was needed to prove that the defendant had failed in their obligations to their client to ensure that the area was safe. Owners of premises have a duty of care that they owe to anyone who attends the premises. Our expert report concluded that the defendant should have had available mats to ensure that our client did not slip over in the area as it was an area that would have been constantly wet and therefore slippery.

Court proceedings were commenced as the defendants denied all responsibility.

We further obtained medical evidence in support of our client including the treating doctors notes from his General Practitioner. We provided all the necessary particulars to make sure that the matter was progressing quickly toward mediation.

At Gerard Malouf & Partners, we are extremely proactive and ensure that every step of the matter progressed quickly to ensure a great result.

Mediation was arranged between the parties and we were successful in convincing the defendant to resolve the claim for a significant amount. Our client was extremely happy with the result.

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