Public Liability

$1.2 million

When a faulty truck tray severely injured Oscar, we proved that the owner was liable.

Oscar, a concrete tip man, severely injured his elbow on a highway project in rural NSW. While unlatching hinges on a truck carrying wet cement, a faulty hinge caused the truck’s heavy tray to swing open — straight into Oscar’s elbow.
Oscar’s elbow injury led to a diagnosis of complex regional pain syndrome. He required two surgeries and months of rehabilitation. On top of his physical injury, Oscar also developed a psychological condition. At this point, he came to us.

We engaged a leading automotive engineer, who used photographs to determine that the truck’s hinge was not suitable for the heavy load it was carrying. We then subpoenaed documents relating to the truck, discovering a history of defects prior to Oscar’s accident. We then engaged leading medical experts, including a pain specialist, who confirmed the nerve damage to Oscar’s elbow would likely prevent him from working again.

In mediation, and with the assistance of a senior barrister, we secured Oscar a settlement of $1,200,000.

$950,000

Though councils are usually immune from law suits, we helped Mateo take one on — and win.

While crossing the street, Mateo stepped into a badly-repaired pothole with sharp concrete edges. He rolled his angle and injured his elbow, requiring emergency surgery. He then underwent three further operations, and was left with permanent damage. Subsequently, Mateo developed psychological stress and depression.

When Mateo came to us, we recognised his case would be difficult for two reasons. First, councils — who are responsible for footpaths — are largely immune from law suits. Second, we’d need to act before the pothole was repaired.

We engaged a leading safety expert and engineer to assess the public footpath and pothole. He confirmed that the area had been poorly repaired, and was a danger to pedestrians. We also commissioned a team of highly-respected medical specialists to prepare detailed assessments on Mateo’s injuries. They confirmed that Mateo would need a full elbow replacement in the future.

After two days of negotiations, we secured a settlement of $950,000. Mateo was pleased with the outcome. He planned to use the money for future treatment, and retraining for a job to accommodate his injuries.

$800,000

When Paul injured himself in a Coles carpark, he could no longer work. After two court cases, we got him the settlement he deserved.

In the wet carpark of a Coles supermarket, Paul slipped and severely injured his recently-repaired left hip. Paul’s new injuries necessitated an urgent hip replacement. He was left with reduced mobility, permanent scars, and a psychological disorder. His treating surgeon confirmed he would never be able to work again.

Devastated, Paul contacted our legal team. Though his injuries were severe, we knew that a large corporation like Coles would still be a tough opponent. We had to have a plan.

We engaged a leading safety expert to inspect the carpark. With our help, they demonstrated that there were serious defects in the carpark’s construction. We then subpoenaed documents from Coles, discovering that the company was aware of these defects at the time of Paul’s accident. We then engaged highly-qualified medical experts, including an orthopaedic surgeon and a psychiatrist, who assessed Paul’s physical and mental condition. They documented the severity of Paul’s injuries, his loss of earning capacity, and the challenges he was likely to face in the future.

As expected, Coles vigorously defended Paul’s claim. The case went to trial in the Supreme Court, and the judge ruled in Paul’s favour. Coles then appealed the decision to the Court of Appeal. Working with one of the most senior and respected barristers in Australia, we successfully defended the claim. Once again, the Court found that Coles was negligent. We secured Paul $800,000, plus legal fees of $300,000.

$700,000

When Suzanna was thrown from a horse, we proved that the horse-riding company was negligent.

When Suzanna visited a horse-riding establishment, she requested a horse suitable for first time riders. The owner reassured Suzanna that her horse was old and tame. During the ride, Suzanna was thrown off when the horse stood on its hind legs. She landed on her back, sustaining several spinal fractures.

After doctors told Suzanna she’d require complex back surgery (and that the results were uncertain), she came to us. We began the difficult task of finding an equestrian expert to comment on the case. After making country-wide enquiries, we located a renowned expert in horse training. We put together a brief for him, including records obtained from the horse-riding business.

The expert’s report confirmed that the horse allocated to Suzanna did not possess behavioural traits suitable for an inexperienced rider.

We then briefed a leading orthopaedic surgeon to report on Suzanna’s injuries, her future back surgery, and the injuries’ effects on her daily life. We also obtained other reports outlining Suzanna’s reduced work capacity, and her need for assistance on an ongoing basis.

In the end, we secured Suzanna a settlement of $700,000 within six months of commencing court proceedings.

$700,000

Patrick, a contract courier, was injured at a depot — we proved the depot owner was responsible.

While working as a contract courier driver, Patrick was injured at a Toll depot. A crate on top of a forklift tipped over and fell on him, severely injuring his left knee. He required surgery and many months of rehabilitation. Unable to work, he was forced to deplete his savings. At this point, Patrick came to see us.

Patrick’s case turned on the cause of the accident. First, we reviewed and analysed the Toll depot’s system of work. We then engaged an occupational health and safety expert, who reported that the accident was the result of poor safety procedures in the Toll depot. This report was the key to the case.

We then briefed several leading medical experts, including a rehabilitation specialist and an orthopaedic surgeon specialising in traumatic injuries. The case eventually settled, and we secured Patrick a sum of $700,000. Both our lawyers and Patrick were very pleased with the result.