Change location v

Supermarket giant ordered to pay substantial damages to elderly lady who slipped and was injured on a mashed banana left on the floor

Our client is an elderly lady who was attending a large supermarket store in the Emu Plains area, being a suburb in the city of Penrith. Emu Plains is on the western side of the Nepean River, located at the foot of the Blue Mountains, Sydney in the State Of New South Wales.

Our client attended the premises of the supermarket store for the purposes of purchasing goods when she was caused to slip on a mashed banana which had been left on the floor. As a result of the fall, our client hit the floor heavily and fractured her right wrist and suffered an injury to her right shoulder. The large supermarket giant was the occupier, and had the care, control and management of the premises where our client was injured. Due to the severity our client’s injury, she was taken by ambulance to Nepean Hospital to be treated and was referred to an orthopaedic surgeon for further review and treatment.

We launched legal proceedings against the supermarket giant that there was a risk of injury which was foreseeable, not insignificant and in the circumstances that a reasonable person would have taken precautions to prevent injury to our client. It was alleged that the supermarket giant was negligent in that they failed to remove the squashed fruit from the floor, failed to have an adequate cleaning system, failed to properly inspect the floor and failed to have an adequate system to detect spillages and to ensure that the floor was fit for its purpose.

We arranged for our client to be independently medically assessed by a consultant specialist to determine the full extent of her injuries and disabilities arising from the accident.  The specialist determined that our client suffered a fractured right wrist and a tear in her right shoulder as a result of the fall. That was a diagnosis of the specialist. It was also determined that she would by reason of these injuries and disabilities suffer a reduced capacity to participate in normal social, domestic, recreational, sporting and general house activities. Her prognosis was guarded in the future and that she would require ongoing treatment and domestic assistance in the future by reason of the accident.

The specialist had determined that our client had suffered a permanent loss of efficient use of her right wrist and her right shoulder of a significant proportion as compared to a most extreme case. Prior to obtaining a liability expert report and further medical assessments, we provided the insurer with all of our client’s medical treatment records as well as the medical specialist opinion concerning the full extent of our client’s injuries and disabilities arising from the accident.

The supermarket giant took a practical approach to the matter and arranged for our client to be independently medically examined and assessed. After discussing the liability and medical issues over a number of days including addressing the various heads of damages that our client was entitled to claim as a result of the accident, the supermarket giant was ordered and agreed to pay our client a substantial award in damages in compensation for her injuries, losses and damages.

Our client was happy with the outcome of the settlement of her claim at an early stage and the supermarkets acknowledgement of her accident and injuries and for them to pay her a substantial award in damages in compensation as a result of their negligence.

Conclusion:-

If you are shopper or a customer attending a shopping centre and suffer an injury on their premises due to their negligence or due to the negligence of a third party, you may be entitled to receive a substantial award in damages in compensation as a result of your injuries and ongoing disabilities arising from the accident.

In this case, our client was a shopper and customer at one of the larger supermarket giant’s shopping centre at Emu Plains in the City of Penrith Area when she slipped and fell on a mashed banana which had been left on the floor. As a result of her fall, she fractured her right wrist and suffered a serious injury to her right shoulder. These injuries were of a permanent nature and debilitating now and in the future.

It was our contention that the large supermarket giant was negligent in causing our clients injury in leaving the mashed banana on the floor and not having a proper cleaning system in place so as to remove the mashed banana from the floor and thereby eliminating the risk of our client suffering a fall and an accident as she did in the circumstances.

Unfortunately our client suffered a serious injury to her right wrist and her right shoulder and the large supermarket giant acknowledged her accident and agreed and were ordered to pay our client a substantial award in damages in compensation for the supermarkets negligence in causing her injury. Our client was very pleased with the outcome and the early settlement of her claim.

For a free no obligation consultation, please contact our toll free number on 1800 004 878 so that an appointment can be arranged for you to attend our office to protect your legal rights arising from your injury.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

Website Design by MediaSmiths

Your location is currently: