The Story about this Public Liability Claim
This is one special story at Henry Carus + Associates.
Lily had a slip and fall on a floor at a dance class. Her claim to us was that the floor was just too slippery and she had suffered a significant injury to her wrist.
The dance company involved had leased the premises. After the accident, the dance company moved to a new premises. Our Henry Carus and Eliza Tan got to work and visited both the old and new premises a number of times. As the floor had been removed from the old premises, a slip test would not be of benefit. So, we looked for other indicators that the floor had been badly prepared or maintained on the day. We contacted a number of slip experts and dance floor experts, but none could give us a way to say the floor was overly slippery on the day. So we continued with our investigations into what type of floor polishes should be used and how applied and even contacted the company which supplied wax to the dance company.
Unfortunately, with all of our investigations, we could not fairly say that the floor was unreasonable slippery on the day of her accident.
The dance company’s lawyer, acting for an insurance company, was someone Henry Carus knows well and he came to the mediation to say that those present on the day, both instructors and students had given statements and were willing to come to court to say that the floor was not slippery at all and was safe on the day. Instead, our client had simply mis-stepped, lost her balance and fell.
Our client was offered a chance to withdraw the proceedings at that time, without any legal costs to be paid to anyone.
We had to advise the client that it was very difficult for us to advise to go ahead to trial in the face of the current evidence. It was just too open for the jury to accept that she fell simply because she lost her footing on the day – something that can happen to any dancer.
And sadly, if she lost she would have to face payment of the dance company’s legal costs.
Our client accepted our advices, and accepted the offer to end the legal proceedings without compensation.
Despite this sad outcome, Lily is very thankful for our support, compassion, and hard work. She says that it is because of us, that she is able to gain the strength and confidence in her future. She wrote a lovely testimonial for us.
Actual Client Testimonial.
Dear Henry and team,
The last three years working alongside yourself and fellow associates has been filed with nothing but compassion and ultimate support throughout the entire journey.
It is because of you that I was able to gain the strength and confidence to carry throughout my future, and I am eternally grateful. I commend you and the team for the incredible service you provide the community in order to better the people's lives around you.
Eliza Tan in particular, who led my case is an incredible asset to the company and was there to guide me throughout the process providing empath, trust and the upmost support.
I commend the team here at Henry Carus + Associates and highly recommend them to anyone requiring support and guidance through an injury claim.