Public Liability – Man slips in Coles carpark and claims $800K

Paul’s claim

Public Liability – Man slips in Coles car park – $800,000 compensation

Paul, a man in his mid-fifties, slipped in a Coles carpark where the floor was very wet and fell heavily onto his left side. As a result of the fall, he sustained a severe injury to his left hip, which had previously been operated on, and for which he had required a total hip replacement. This was an extensive operation and Paul was left with reduced mobility, bad scarring and a psychological disorder.

Paul contacted us several months after his accident when his treating surgeon advised him that he would be unable to return to work in any capacity due to his injuries. We engaged highly qualified experts who undertook a thorough inspection of the carpark and established that there were defects in the construction of the carpark.

Subpoenas were issued upon Coles which revealed that Coles knew about these faults that could cause injury. We then turned to a number of highly qualified medical experts, including an orthopaedic surgeon and a psychiatrist, who provided us with detailed reports regarding the severity of Paul’s injuries, his loss of earning capacity and the challenges he was likely to face in the future.

Coles strongly defended themselves, which led to us running a trial in the Supreme Court of NSW, and a trial in the Court of Appeal of NSW. With the assistance of a qualified senior barrister who we instructed, the Courts found Coles to be negligent, awarding Paul close to $800,000 in damages and made an order that Coles pay Paul’s legal fees.