Public Liability – Man slips in Coles carpark and claims $800K
Public Liability – Case goes through two court hearings and each time our client wins
Paul had just finished his shopping at a local Coles supermarket. As he walked through the supermarket’s very wet carpark, he slipped and fell heavily onto his left side – severely injuring his left hip which had recently been operated on. Paul’s injuries put him back in hospital for an urgent hip replacement. In the end Paul was left with reduced mobility, permanent scars and a psychological disorder. His treating surgeon advised Paul that he would never be able to work again.
Paul was devastated by this news and contacted our legal team. The injuries were severe, but we also know from experience that a large corporation like Coles was likely to be a tough opponent. We had to have a plan.
We engaged a leading safety expert who began with a thorough inspection of the carpark and eventually (with our help) demonstrated that there were serious defects in its construction. We then issued a request through the court (subpoena) to Coles for documents and discovered that it was aware of these defects at the time of Paul’s accident. We then engaged to a number of highly qualified medical experts including an orthopaedic surgeon and a psychiatrist who assessed Paul’s physical and mental condition. They provided us with detailed reports on the severity of Paul’s injuries, his loss of earning capacity and the challenges he was likely to face in the future.
As we expected, Coles vigorously defended our client’s claim, The case went to trial in the Supreme Court and the judge ruled in our client’s favour. Coles then appealed that decision to the Court of Appeal. We worked hand in hand with one of the most senior and respected barristers in Australia. The result – the Court again found that Coles was negligent and awarded Paul $800,000 plus legal fees of $300,000.