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Woman falls in store and receives a compensation payout of $200k

Case Overview

A woman was shopping on her lunch break in a grocery store when she stepped on a piece of flat cardboard left in one of the aisles. The woman slipped and fell to her knee sustaining injury.

The woman contacted Gerard Malouf and Partners and arranged a face to face conference. One of our accredited personal injury specialists did a house visit for the initial free consultation and provided the woman with advice about her rights and the potential value of her claim.

Our Approach

We briefed a barrister to provide advice in relation to the issue of liability and upon receiving this advice, proceedings were commenced in the District Court against the grocery store.

The woman underwent surgery and once stabilized post-surgery, Gerard Malouf and Partners arranged for the client to be medically assessed by an orthopaedic surgeon and psychiatrist to assess her injuries and need for care and treatment. Once in receipt of this evidence, Gerard Malouf and Partners arranged a settlement conference with the solicitors for the grocery store to discuss the matter.

After extensive negotiations, the matter was resolved for $200,000 which was an excellent result for the client.

If you’re unsure as to whether or not you have a claim for compensation or if you have been injured in a similar fashion then please do not hesitate to contact our offices to seek advice at our first consultation which is a free consultation.

The Result

After extensive negotiations, the matter was resolved for $200,000 which was an excellent result for the client.

David Cossalter Lawyer

David Cossalter

Managing Partner
David is a strong negotiator who will put every effort in the endeavour to settle your claim prior to court proceedings, but he also thrives in a court room ready to ensure client’s rights are pursued when negotiations do not succeed
Frequently Asked Questions

More Information

Slips, trips and falls that occur in a public place, such as a shopping mall, car park or supermarket, can lead to public claims.

However, you must be able to show that your accident was due to negligence on behalf of the individual or organisation responsible for ensuring your safety in that environment.

In other words, you need to prove that you were owed a duty of care and that this was breached. You must also have suffered damage or an injury as a result of the negligence.

Yes, you usually have to begin making a claim within three years of the date that your slip, trip or fall occurred. The courts may allow some cases to proceed if there are extraordinary circumstances that prevented you from meeting the deadline.

Nevertheless, clients are typically advised to start their claim as soon as possible. One reason for this is that you and any witnesses you rely on may find memories of the event fade over time, creating uncertainty.

Public liability refers to the responsibilities owners or occupants of a public space have to protect anyone who enters. If the owners or occupants fall short of these responsibilities, resulting in an injury, a case for compensation can be made.

Some of the most common incidents covered by public liability law include:

  • The food or drink from a restaurant makes you sick: The most common example of this type of public liability is food poisoning, however improperly disclosed allergens could also lead to litigation.
  • A slip and fall accident caused by negligence: Slip and fall incidents are especially common in busy public places such as playgrounds, schools, shopping centres, common walkways in buildings and outdoor event venues. They can result from negligent behaviour if poorly lit, uneven, unmarked or slippery surfaces are involved, amongst other reasons.
  • Injury caused by poor workmanship: If a product used by a space fails mechanically and causes an injury, a public liability claim can often be made. Examples include exploding gas bottles, poorly constructed furnishings and inadequate building structures. These cases may also be eligible for product liability litigation, if you decide to pursue both the property owner and the product manufacturer.
  • An attack by an animal while in a space: If the owners or occupants of a space fail to keep an animal, whether domestic or wild, contained as a result of negligence, you may have a potential case.

 

Following an initial meeting, the first task will be to establish the general facts of the case. This will include your medical diagnosis, which will need to be confirmed and documented by a doctor; and proof that the person or company at fault owed you a duty of care, which will need to be demonstrated. Together, this will show that your injury occurred when they breached that duty of care.

From there a further investigation will proceed—contacting and interviewing witnesses, speaking with expert consultants, and more—all in order to bolster the strength of your case even further. Only once this process is complete, and your claim can be demonstrated and proven in full, will the process move on to the next step.
 

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 — Personal Injury Compensation Lawyers

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