The Story about this Public Liability Claim
Maryanne had just left home for to go for an exercise walk after work. She was walking along the footpath when she suddenly tripped and fell forward over a cracked and uneven paver, next to a driveway cutout. Maryanne was caught completely off guard, fell forward and landed awkwardly on her left arm and hit her head. She was left with a scar on her forehead and suffered a nasty shoulder injury. This affected Maryanne’s life quite badly as she is a semi-professional bass guitar player, and needed to buy new instruments and equipment that were lighter and easier to hold.
Maryanne took photos of the uneven footpath and her injuries and made a report to the local Council.
When the Council’s lawyers were notified of the incident they contacted our firm to advise that the Council had complied with its own Road Management Plan, that the area was inspected every 12 months, and at the time of the inspection prior to Maryanne’s accident no defects were identified. They indicated that they would vigorously defend the claim.
Through our investigations, we were able to establish that the footpath next to the driveway had been repaired the previous year, and the cracked driveway cutout had been identified, but not repaired at that time. We were able to argue that the Council had in fact not complied with its repair and maintenance obligations, and as a result were able to settle Maryanne’s claim shortly after a mediation for generous compensation.
Actual Client Testimonial.
Thanks to the experienced and professional team at Henry Carus & Associates for helping me navigate my personal injury case. They really put me as the client first and took the time and care to make sure my mind was at ease every step of the way.
They fight for the underdogs and get results. I highly recommend them.