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In February 2020, Nick’s life changed dramatically during what should have been a routine visit to his local shopping centre in the Blue Mountains. At just 21 years old, with a promising future ahead of him in Arboristry and part way through his Bachelor of Science, a seemingly simple slip and fall would lead to significant physical injuries and emotional challenges.
Nick recalls the incident vividly: “I was walking in my local shopping centre during a period of heavy rain in February 2020. I was approaching a shop in the centre intending to buy something when I stepped into a puddle of water on the floor. The puddle was there as a result of a leak in the roof. Upon entering the puddle, both of my legs went out in front of me. I placed my arms directly behind me to break my fall, which led to me breaking my left wrist, and fracturing my right elbow.”
The severity of the incident became immediately apparent.
“Once I was attended to by paramedics that attended the scene, I realised how severe my injury was. I had also never experienced that level of pain, which made me think something was wrong,” Nick explains.
“I remained on the floor until a member of the public helped me into a nearby seat. I called my partner, who came to the shops with her mum to check on me. They bought me frozen vegetables to put on my wrist, and someone called an ambulance.”
The impact on Nick’s daily life was profound.
“My daily life was impacted for a number of weeks, as I was unable to do anything with both my hands. I needed assistance eating, dressing, and using the bathroom for 1-2 weeks post-injury. I could not contribute to family responsibilities during this time, as I was restricted in being able to move my arms.”
The injury’s timing was particularly unfortunate. Despite being unemployed at the time, Nick was in the final weeks of his university studies and positioned for career advancement. The accident severely impacted his employment prospects during a crucial period of his life.
“I was unable to work for months post-injury, which impacted my ability to gain relevant employment based upon my recent university graduation. I earned no income in the months following my fall,” Nick shares.
“My mental health suffered immensely following the incident, as I was unable to do anything for myself for an extended period of time. I also experienced stress every time it rained, and avoided going out whenever there may have been a risk of water present on surfaces.”
Monica Sadek, the public liability lawyer at GMP Law handling Nick’s case, faced a significant challenge from the outset.
“He came to us outside of the limitation period by two months. He didn’t know he would be an exception to the limitation period,” Monica explains. “He reached out to us as he was on a mailing list for the business and got one saying that if he had a slip and fall he may be eligible for compensation as part of a public liability claim. This was in April 2023 – more than three years after his slip and fall incident.”
The legal team acted with remarkable speed.
“Between him signing the cost agreement and then litigating it was just two weeks,” Monica notes. “We had to push it through as we were out of time. We took a really detailed statement in the office, got quick advice from a barrister, and turned it over. Within a week we had a barrister briefed, and the following week it was litigated in court.”
The case involved multiple defendants: the shopping centre owner, the cleaning company, and the managing agent.
Monica explains their strategy: “Initially we commenced litigation against the owner. Since the client came to us outside of the statute of limitations for litigation, we didn’t have time to identify the cleaning company and managing agent. More subpoenas revealed the owner was liable. The owner was on notice for roof leaks for about a year prior.”
Nick initially had doubts about pursuing the claim.
“I wasn’t convinced that I had anything to claim for as I was struggling mentally with the reality of my accident and if it was worth pursuing. I was also worried about repaying costs associated with losing a claim.”
The case settled for $250,000 one week before trial.
“The aspect I found most helpful was the breakdown of what I would receive as a proportion of the total settlement amount. This was communicated clearly, and also allowed me to not face any surprises once the process was finalised.”
While still dealing with some ongoing injury effects, Nick maintains a positive outlook.“I still have occasional stiffness in the left wrist joint which is accompanied by pain,” he shares.
Regarding the settlement, he notes, “Once I have the money, I am not sure how I will proceed with using it, however, some may contribute to the completion of my Masters course that I am currently enrolled in.”
Nick’s advice to others in similar situations is clear: “I would encourage them to speak to a legal professional specialising in public liability claims. I had a positive experience with GMP Law.”
This case demonstrates GMP Law’s ability to navigate complex cases and highlights the critical role of expert negotiation in achieving a resolution and avoiding protracted court battles.
If you believe you have a public liability claim, reach out to GMP Law. Our team of lawyers will help you maximise your claim in the minimal time possible.
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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