Public Liability

$800,000

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.

$950,000

Suing local councils is not easy but we took the case on and got a great result for our client

Mateo was crossing the street when he stepped into a badly repaired pothole with dangerously sharp concrete edges. As a result of the uneven surface, Mateo rolled his ankle, lost his balance and fell to his right side, severely injuring his elbow. He required emergency surgery and then underwent three further operations and was left with permanent damage. Mateo fell into a depression and suffered psychological distress.

When we first saw Mateo we realized that the case was not going to be an easy one because under current law councils (which are responsible for footpaths) enjoy a near immunity from law suits. We need to act quickly before the pothole was fully repaired. W engage a leading safety expert and engineer to assess the public footpath and pothole where Mateo sustained his injuries. He, in turn, confirmed the area was not only in a dangerous condition but that the council repaired it badly with little thought or care for the safety of pedestrians. To add more weight to our client’s case, we reached out to our network of experts and commissioned a team of highly respected medical specialists to assess Mateo’s physical and emotional injuries. They prepared a detailed assessments on how severe our client’s injuries were and concluded that Mateo would need a full elbow replacement in the future.

Eventually we took Mateo’s case to mediation and, after two days of negotiations were able to secure a settlement of $950,000 for our client. Mateo was very pleased with this outcome and planned to use the money for future treatment and retraining for a job that would accommodate his injuries.

$1.2 million

How knowing and using the right experts can make all the difference

Oscar was a concrete tip man working on a highway project in rural NSW. On one particular day, Oscar unlatched three of the four hinges on a truck, when, due to one faulty hinge, the tray on the truck swung open and hit Oscar’s elbow forcefully, before he was able to move out of the way. The wet concrete that the truck was carrying meant that the tray that hit Oscar’s elbow was very heavy!

Oscar sustained a severe elbow injury which led to a diagnosis of complex regional pain syndrome, resulting in two surgeries and months of rehabilitation. Oscar was now not only suffering from physical injuries, but psychological ones too. This is when Oscar came to see us.

What we did next….

We engaged a leading automotive engineer, who was able to tell from the photographs of the truck that the hinge had been replaced and was not suitable for the weight of the load that the truck was carrying. We then subpoenaed the documents of the truck and found records that this truck had many defects prior to Oscar’s accident. We then engaged leading medical experts, including a pain specialist who confirmed that Oscar had damaged the nerves in his elbow and that his injury would mean he probably will never work again.

Eventually, we progressed Oscar’s case to a mediation and with the assistance of a senior barrister, we were able to secure a settlement of $1,200,000.

$700,000

Suzanna was thrown from a horse and broke her back

Suzanna, decided to attend a horse-riding establishment for some fun with friends. When signing up she informed the staff that she had not ridden a horse before and asked whether she could have a horse that was suitable for novice riders. The owner reassured Suzanna that her horse was quite old and tame. Suzanna began her ride, but along the way, she was thrown from the horse, as it stood on its hind legs. She landed on her back and sustained several fractures in her spine.

Suzanna came to see us when she was advised that she required complex back surgery with uncertain results. The key to the case was to find an equestrian expert who could comment on the case – not an easy task. After making enquiries throughout Australian we located a renowned equestrian expert, who had trained horses almost his entire life. We then briefed him with records obtained from the horse-riding business together with other relevant information. The expert provided a detailed and thoughtful report that the horse allocated to Suzanna did not have the behavioural traits suitable for an inexperienced rider.

We then briefed a leading orthopaedic surgeon who provided us with a report regarding Suzanna’s injuries, need for back surgery and the effects on her daily life. We also obtained other reports which dealt with our client’s work capacity and her need for assistance on an ongoing basis. In the end, the case was so well-prepared that it was settled for a sum of $700,000 within six months from the start of court proceedings.

$700,000

A crate falls and injures Patrick but how do you prove negligence

Patrick was injured when he attended a Toll depot as a contract courier driver. He was there to pick up a delivery package, when a crate which was on top of a forklift in the depot, tipped over and fell on him. Patrick suffered internal derangement injuries to his left knee that required surgery and many months of rehabilitation. During this time, he was unable to work and used up all his savings. It was at this point that Patrick decided to seek legal advice and came to see us.

In order to win Patrick’s case we had to understand exactly what caused the accident. Every detail of the Toll depot’s system of work was reviewed and analysed by our lawyers. Armed with this information, we engaged an occupational health and safety expert who prepared a report which clearly established that the accident was as a result of poor safety procedures in the Toll depot. We were very happy with this report, as we knew this was the key that would unlock the case.

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