In January 2017, our client attended his local supermarket and suffered a slip and fall injury when he stepped on a piece of banana on the floor within close proximity to the fresh food and fresh meat areas.
The Plaintiff contacted Gerard Malouf and Partners in May 2017 to enquire about making a claim for supermarket accident compensation. We immediately got to work in collating our client’s medical records and liability documents.
As a result of the incident, we had our client assessed by an orthopaedic surgeon, psychiatrist, and occupational therapist. Our client was diagnosed as suffering from a musculoligamentous strain and contusion of the cervical spine. The Plaintiff was also diagnosed as suffering from an Adjustment Disorder with Depressed Mood.
Proceedings in the District Court were commenced against the Sydney Supermarket on the basis that they failed to have in place a proper system of inspection and cleaning and failed to warn our client of the substance on the floor.
Our team issued subpoenas on the Defendant, and it was revealed that the Defendant did not conduct regular and routine cleaning of the floor area, nor did they provide slip-resistant flooring or water-absorbent mats.Â
In addition, our team obtained an expert liability report from a safety management and building specialist, who provided the opinion that the Defendant failed to conduct a risk assessment of the area and eliminate or control the highly potential hazard of a contaminate being split on the floor.
Prior to the incident, our client was a young man who was working as a chef. Our client was no longer able to pursue this field of employment and instead began working in an office-based environment due to his injuries.Â
All medical and liability evidence was collated and served on the Defendant and an informal settlement conference was conducted. During negotiations our public liability lawyers were able to achieve a settlement of $150,000 for our client without the need of going through with a full-court hearing.
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:
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The compensation amount in a supermarket accident case can vary depending on the severity and impact of an injury. If an injury requires extensive medical care, limits your ability to work or severely impacts your quality of life you can expect a relatively large sum.
In general, in a public liability case you can claim damages for:
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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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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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