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Maria, a jewellery sales consultant, experienced how quickly life can change when an ordinary day at work ended in serious injury. In 2023, after completing her shift at a shopping centre in the Campbelltown area, Maria was making her way through the car park when she encountered an unexpected hazard.
“I had just finished my shift at work when I tripped on a floor car park sensor,” Maria recalls, understating what would become a life-altering event.
The fall resulted in multiple significant injuries: damage to Maria’s right knee, wrist, a fractured nose, and injuries to her front teeth. The severity was immediately apparent.
“Straight away I was assisted by the security guard and I was then taken by ambulance to the hospital,” Maria explains when asked when she realised the seriousness of her injuries.
Maria’s active lifestyle, which included walking, cooking, and maintaining her home, was drastically affected by her injuries. The impact extended beyond her physical activities, disrupting her daily routine, limiting her ability to work, straining her capacity to fulfil family responsibilities, affecting her mental well-being, and creating significant financial stress.
The recovery process brought its own challenges.
“I experienced daily pain, and was constantly at the doctors’ for examinations and check-ups,” Maria shares. Perhaps most concerning are the lasting effects she continues to experience: “Painful teeth, breathing difficulties, mental issues.”
Monica Sadek, lawyer at GMP Law, explains the complexity of the case.
“It was a black sensor on grey flooring, and the car park was empty, so the defendant took quite a strong view on liability. They did not make any allowance for loss of income or care, notwithstanding evidence we had to the contrary.”
This case presented a classic example of a hazard that was difficult to see due to poor contrast, a black sensor against grey flooring, creating a dangerous tripping risk that was not immediately visible to pedestrians.
GMP Law’s approach focused on securing expert evidence to establish liability.
“We obtained liability expert evidence and, following that, the sensors were removed from the floor and placed on the ceiling,” Monica notes, highlighting how this legal action resulted in safety improvements that would benefit others.
The team also assembled comprehensive medical evidence, retaining multiple specialists to document the full extent of Maria’s injuries.
“We worked with a liability expert, ENT Surgeon, Orthopaedic Surgeon, and Occupational Therapist to build a complete picture of both liability and damages,” Monica explains.
With a hearing date approaching, Monica and her team maintained their position on the value of Maria’s claim.
“The upcoming hearing placed pressure on the defendant to offer more money,” Monica shares.
“We stood our ground and did not negotiate below what the claim was worth just because of the hearing. We were ready to run the hearing.”
This steadfast approach proved crucial to securing an appropriate settlement just weeks before the scheduled hearing date.
The successful resolution of Maria’s case has provided her with the resources to address her ongoing health issues, including funding for continued medical treatment, rehabilitation, and necessary support services. The outcome offers her a path forward in managing the lasting effects of her injuries and rebuilding her daily life.
What drove Maria to pursue legal action speaks to her character and concern for others.
“I wanted to fix the issues that led to my accident so no one goes through what I went through and am going through.”
Her case not only secured compensation for her injuries. It also prompted meaningful safety changes at the shopping centre, including the removal of the floor sensors, to help prevent similar incidents in the future.
Maria attributes the successful outcome to her legal representation.
“Monica’s attention to detail and helpful[ness].” She adds, “Monica listened explicitly to my needs and wants before closing the deal.”
For her part, Monica identifies a clear factor in achieving the result: “Not negotiating below a certain point and standing our ground.”
Despite the successful resolution, Maria continues to deal with the physical and psychological aftermath of her injuries. However, this settlement provides important support for her continued medical care and adaptation to these new challenges.
As Monica concludes, “Maria’s case exemplifies how important it is to thoroughly investigate and document safety hazards in public spaces. The fact that the shopping centre removed the floor sensors and installed ceiling sensors after our expert’s assessment speaks volumes about the preventability of this accident.”
“Too often, defendants try to minimise legitimate claims by disputing liability or undervaluing injuries. Our message is clear: we prepare every case as if it will go to a hearing and won’t recommend settlements that don’t properly compensate our clients.”
This case highlights GMP Law’s commitment to achieving outcomes that go beyond individual compensation. We look to both deliver justice for our clients while also driving broader safety changes that protect the community.
If you believe you have a slip and fall claim, reach out to GMP Law. Our team of lawyers will help you maximise your claim in the minimal time possible.
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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