Published 19 May 2015
Our 55-year old client was shopping at her local shopping centre when she slipped in a puddle of liquid on the floor and fell, twisting her left knee and landing on the floor.
Security from the shopping centre attended her to take her report of the incident and she was later contacted by the shopping centre who indicated they would pay for some of her treatment expenses if she agreed to settle her claim without going to Court.
Slip Fall Medical issues
Following her slip and floor at the shopping centre she was taken by ambulance to her local hospital where x-rays revealed no fractures and she was sent home to be managed by her local GP.
Her local GP carried out some further scans which revealed she had sustained a tear to the medial meniscus and there was also a loose fragment floating in her knee which required removal during an arthroscopy.
Our client’s condition did not improve much following the arthroscopy and she has been unable to fully extend her knee and needs to use a walking stick to help with stability.
Our client had a long history of many other unrelated conditions which complicated her ability to take pain killers and slowed her healing process to some extent.
She had some physiotherapy treatment following the arthroscopy and her doctors told her there was no further surgery required.
Slip Fall Court proceedings
We commenced Court proceedings against the Centre Manager of the shopping centre and the cleaners and claimed negligence for failing to maintain the cleaning system which was in place and to detect the spillage on the floor.
The Centre Manager denied negligence and claimed the cleaners were required to inspect and clean the shopping centre. They also claimed our client should have taken reasonable care for her own safety and should have stepped over or around any obstacle or spillage in her path.
The cleaners also denied negligence and claimed our client failed to watch where she was going and failed to take any precautions for her own safety.
We also claimed our client would require future treatment expenses and domestic assistance in relation to future heavy household maintenance and cleaning.
The Defendants claimed the future treatment expenses were unnecessary the Orthopaedic Surgeon they arranged to provide a report stated our client was able to carry out all her household maintenance and cleaning tasks and would not require any further surgery or rehabilitation.
Slip Fall Compensation Settlement
Despite their assertions our client was responsible for failing to take for her own safety, both the Centre Manager and the cleaners agreed to attend an Informal Settlement Conference in an attempt to resolve the claim. The claim against the Centre Manager was ultimately resolved and the claim against the cleaners resulted in our client obtaining a settlement in her favour for $95,000.
Our client was ecstatic with the result as her other unrelated medical conditions have now worsened and she can move forwards in resolving those other conditions.