In June 2016, our client was walking over the vehicular crossing leading to his driveway when he tripped on the lip of broken concrete surrounding a sink hole, causing him to fall and sustain serious injuries.
The sink hole had been created following leaking water from the stormwater pipes which had been broken by invasive roots from a large tree in the neighboring property, subsequently the soil had eroded. Our client and his wife had made numerous complaints to their local council regarding the sink hole and council employees had attended to inspect the site. Our client was later advised by the council that they would attend to fixing the driveway, however this never eventuated despite numerous requests and correspondence from our client. The council simply removed the invasive tree roots and repaired the pipe.
As a result of the subject incident, our client sustained a serious injury to his back and eventually required spinal surgery.
Understandably, due to his injuries and physical limitations, our client also suffered a psychological injury following the subject fall.
Once our client instructed our firm, the team at Gerard Malouf and Partners lodged a GIPA application with the council and obtained all documents in relation to the ongoing complaints and issues relating to the sink hole. Once we had these documents it was clear that the council had been on notice about the issue and did not take any action to remedy it, despite this action being relatively easy and inexpensive to do.
Once our team had all the required documentation to support the notion that the council were on notice about the defect but failed to act, we were able to file the matter in the Supreme Court of NSW. The team then had our client assessed by numerous doctors to provide support for the serious injuries he sustained.
Once we had all the required evidence, we were in a position to participate in a mediation with the Defendant solicitors. Unfortunately, at the mediation the parties were unable to reach a settlement.
If you have been injured as a result of tripping and falling on a public pathway, contact the experienced lawyers at Gerard Malouf & Partners today.
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:
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.
Public liability claims enable you to recoup the financial and emotional costs of suffering an injury due to someone else’s negligence. Defendants regularly offer monetary settlements to claimants, particularly if they acknowledge liability and believe they would lose in court.
But should you accept the settlement or proceed to the later stages of litigation instead, where a judge will have the final decision? Every case is different, but here are some of the factors you may wish to consider before making your choice:
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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