Case Study – Public Liability Claim

Jonathan Coyle
Tony Chow

Slip and Fall Down Liverpool Shopping Centre External Stairs Settles for $160,000

Sometimes, something as small as losing your footing for a second can drastically change your life. Slipping and falling down a set of stairs at your local shopping centre and receiving serious injuries as a result, for example, can be devastating if you aren’t financially prepared, or worse, be permanently disabled.

Below is a case study from Mr Tony Chow, Senior Counsel at Longton Legal, who settled a Public Liability Claim for a client that suffered serious rotator cuff injury from slipping and falling down a set of external stairs. Acquiring a hefty compensation of $160,000 for the victim.

Mr B, the focus of our case study today, is a 62 year old who resides in Liverpool.

In May 2021, Mr B attended a local shoppping centre to use the ATM facilities. However, as he was leaving the centre he slipped and fell down a set of dark and wet stainless-steel external stairs. Soon after, he was transported by ambulance to Liverpool Hospital where she was treated but not admitted. He was also there diagnosed with a serious rotator cuff injury to the right shoulder, for which he had to go through physiotherapy and was even referred for surgery.

Upon receiving instructions, Mr Chow took carriage of the matter and set to work obtaining our client’s medical records and conducting research and investigations.

A specialist Barrister was briefed, and a view of the premises to obtain expert liability evidence to prove the negligent conduct of the shopping centre was organised. Mr. Chow also quickly made arrangements for medical assessments by expert doctors to provide their expert opinions in support of the claim.  

Court proceedings were commenced against the shopping centre and claimed negligence on two fronts. Firstly, for having failed to provide a safe means of access to all areas of the centre, and secondly for the use of the tiles in the area subject to the weather which were not appropriate in wet conditions. The Defendants denied negligence and claimed Mr B failed to watch where he was going, failed to take reasonable care for his own safety and failed to detect, observe and take heed of an obvious risk. However, Mr Chow was able to progress this matter to the point where an Informal Settlement Conference became possible. This was essential to ensure costs were kept low and to ensure our client had a timely resolution.

This matter was settled at the informal settlement conference for an outstanding result of $160,000 that Mr B was very pleased with.

This case helps reminds shopping centres that negligent acts significantly alter the course of people’s lives, and encourages them to be vigilant to ensure incidents like this do not occur.

Longton Legal are highly specialised and focussed lawyers with our firm being small enough to care intimately for our clients, but large enough to have the solid, financial, medical and expert resources our clients need to match the big insurers we fight every day.

For free over the phone advice or a face-to-face consultation, call today on 02 8015 7927.

*Disclaimer:This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

Key Contact

Jonathan Coyle
Founding Partner
Tony Chow
Partner

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Further reading .

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Another successful medical negligence claim for a couple
Another successful medical negligence claim for a couple