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Case Results

The following cases demonstrate the many and varied circumstances in which you may be entitled to compensation

The case of an incorrect operation

The case of an incorrect operation

Summary

Our client attended hospital for elective surgery but the surgeon operated on the incorrect side. This necessitated reversal of the operation and further operations. Our client sustained both physical and psychological injuries. The case settled on confidential terms for a significant amount with the client obtaining compensation for pain and suffering, medical expenses and voluntary assistance provided by the family.

The Legal Strategy

The focus of the case was what further injuries were caused by the initial operation to the incorrect side and subsequent complications as a result of this. Expert opinion was obtained from leading experts.

The case of delayed shoulder surgery

The case of delayed shoulder surgery

Summary

Our client had a fall and fractured her shoulder joint. She attended hospital over many months but the hospital failed to operate until approximately 12 months later. In the meantime, our client developed a frozen shoulder. The case was settled on confidential terms with our client obtaining compensation for pain and suffering, voluntary assistance provided by her family, loss of income and medical expenses.

The Legal Strategy

It was necessary to prove that the appropriate surgical treatment which was eventually undertaken ought to have been undertaken much earlier, in which case the subsequent complications of a frozen shoulder would not have occurred. We obtained expert evidence substantiating this.

The case of the dog bite

The case of the dog bite

Summary

Our client was a charity collector and her work involved walking door to door. Whilst she was leaving a property, a dog ran from the back yard, biting our client. Our client sustained a laceration to her leg as well as significant psychological trauma including fear of dogs and of walking down streets. The client obtained compensation for her pain and suffering, past and future medical expenses and past and future loss of earnings.

The Legal Strategy

Although the occupier of the premises denied being the owner of the dog, we were able to show that the occupier was liable due to a breach of specific animal legislation. Liability was denied by the insurance company acting for the occupier. Proceedings were issued and the matter settled after a settlement conference.

The case of the shopping centre slip

The case of the shopping centre slip

Summary

Slips in supermarkets and shopping centres are a frequent occurrence. This case is one of many types of similar cases that occur. Our client was shopping at a local shopping centre and walking past the food court, when she slipped on a clear liquid substance. She sustained injury to her back and leg. We were able to obtain compensation for the client’s pain and suffering and past and future medical expenses. No claim was made for past and future loss of earnings as the client was retired.

The Legal Strategy

We firstly secured from the shopping centre operator CCTV footage of the incident. Shop owners were interviewed in relation to the system of cleaning and inspection in place at the shopping centre. We argued on behalf of the client that the shopping centre was required to have a regular system of cleaning and inspection in place and the shopping centre failed to fulfil its duty of care owed to the client. Liability was denied by the shopping centre but after comprehensive discussions with the lawyers acting for the shopping centre, the matter was settled on favourable terms.

The case of a fall over a hotel balustrade
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The case of a fall over a hotel balustrade

Summary

Our client had attended an Adelaide historic hotel for a work function in an upstairs function room. On leaving the function room our client fell over a balustrade on a landing, falling to a level below. Our client sustained injury to his neck and had time off work. Liability was denied by the hotel. The case settled on confidential terms, however we were able to obtain compensation for the client’s pain and suffering, past and future medical expenses, voluntary services provided by our client’s family and loss of income.

The Legal Strategy

We engaged an expert to inspect the balustrade and to comment on whether it complied with appropriate building codes. As modifications were done in recent times to the hotel including the stairway, it was argued that the balustrade should have been in compliance with the building code at the time. It was not. Legal proceedings were issued against several parties including the licensee of the hotel and the owner of the hotel. The matter settled after proceedings were issued.

The case of a faulty playground slide

The case of a faulty playground slide

Summary

Our client attended a popular playground with her young son who wished to go down a long slide with our client. Our client slid down the slide but on coming off the end of the slide fractured her ankle when her foot caught on a protruding timber batten. Liability was denied by the local Council. The case settled on confidential terms, however we were able to obtain compensation for the client’s pain and suffering, past and future medical expenses and voluntary assistance provided by the client’s family. The slide and landing area were modified after proceedings were issued, hopefully in compliance with Australian Standards.

The Legal Strategy

We obtained photographic evidence of the condition of the landing area both prior to the accident and subsequent to the accident. Requests for appropriate documentation from the Council were inadequately responded to. Proceedings were issued with full disclosure ultimately being made by the Council. Disclosure indicated works done to the slide were did not conform with Australian Standards and the slide and landing area were non-compliant with Australian Standards. The matter settled after a settlement conference.

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