Our client was dining at a well known hotel. He was on his way to the bathroom and opened the sliding door in order to gain access to the bathroom. He fell down a 30cm step immediately following the sliding door. As a result of the fall, our client sustained significant injuries to his right knee and back. He required surgery to his right knee and was forced to cancel plans for overseas travelling. Our client suffered from severe pain, discomfort and restriction of movement in the injured areas of his body. He was extremely frustrated about the situation and wanted an accident lawyer to help him in a personal injury claim for the pain, loss and suffering that he was experiencing.
For this reason, our client approached our firm, Gerard Malouf & Partners. Christine Beshay, one of our solicitors who specialises in public liability claims, opened his case. Within a matter of days of doing so, Christine requested the relevant documentation, such as medical reports and liability reports. She also organised for medico-legal appointments to take place between our client and various doctors. With this information, Christine formulated a strong legal argument against the hotel and the lessee.
The basis of our argument was that there was a trip hazard to members of the public which was foreseeable and not insignificant. A reasonable person in the position of the hotel and/or lessee would have taken precautions, such as placing a sign in a visible position to a person walking towards the sliding doors, or giving an oral warning to those approaching the swinging doors. The defendants breached their joint and several duties of care to our client by failing to carry out the aforesaid reasonable precautions.
The hotel admitted liability and requested that an informal settlement conference take place. This essentially means that our client did not have to invest further time, energy and money into court proceedings. The matter eventually settled for a $28,500.00. Our client was pleased with the result.
Slips trips and falls happen on a regular basis in our society. We are a highly focused law firm that specializes in personal injury claim and injury compensation. We are of a size that is small enough to care, yet large enough to have solid financial, medical and expert resources to match the big defendants and insurance firms. Our “no win no fee’’ arrangements and written guarantee to reduce fees in the unlikely event of a poor result is unmatched in the legal industry Australia-wide.