At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.
Gerard Malouf & Partners Have Provided Friendly, Experienced Legal Advice To Communities Across Australia For Over 35 Years. Our Personal Injury Lawyers Have Taken On Ten’s Of Thousands Of Cases And We Are Proud To Have Won Billions Of Dollars For Our Clients.
Read Our Latest Articles, Case Studies Or Commonly Asked Questions Concerning Your Legal Claims And Compensation Law.
A mother took her child to a birthday at a Western Sydney café. The café also provides play areas for children. The play area had mats/carpet on the floor which were not secured, where children would be obviously playing, running and walking. The child tripped on a section of the floor mat/carpet which was crumpled and raised. The trip caused the child to lose his balance and fall forward under the timber edge sandpit with his face landing on the unyielding surface of the timber edge.
The young child’s face struck the frame causing a large laceration to his lower lip and mouth and the injury being accompanied by profuse bleeding. He was taken by ambulance to the hospital where he underwent treatment and surgery on his face and lip regions. He was also referred to a pediatric dentist who noted that there were fractures of the teeth and he underwent dental treatment and surgery to the damage of the teeth. He was also referred to a plastic surgeon and he was admitted into hospital and underwent revision surgery to his lip. He was left with permanent scarring of the lower lip.
The insurer for the café denied liability in relation to the claim. The trip caused the child to lose his balance and fall forward onto the timber edge sandpit causing him to suffer facial injuries. The defendant café failed to take reasonable care to prevent the harm from materialising.
The defendant café also failed to comply with the provisions of the work health and safety act 2011 and failed to identify, assess and review reasonably foreseeable hazards causing a risk of injury to our client. Furthermore, the child’s injuries were occasioned by reason of the breaches of the defendant café and its obligations to our client under the provisions of the competition and consumer act 2010, scheduled to Australian consumer Law in that there was an implied undertaking that the café was reasonably fit for the purposes of providing services with due skill and care.
We arranged for the child to be medically examined and assessed by doctors and specialists. They determined that he was left with permanent impairment as a result of the scarring and damage to his front teeth. The child suffered significantly as a result of his injuries and surgery. The proceedings were listed for hearing to determine the liability and medical issues in the claim.
The café was found to be negligent in causing their child’s injuries and was thereby ordered to pay substantial damages accordingly.
Public liability refers to the responsibilities owners or occupants of a public space have to protect anyone who enters. If the owners or occupants fall short of these responsibilities, resulting in an injury, a case for compensation can be made.
Some of the most common incidents covered by public liability law include:
Following an initial meeting, the first task will be to establish the general facts of the case. This will include your medical diagnosis, which will need to be confirmed and documented by a doctor; and proof that the person or company at fault owed you a duty of care, which will need to be demonstrated. Together, this will show that your injury occurred when they breached that duty of care.
From there a further investigation will proceed—contacting and interviewing witnesses, speaking with expert consultants, and more—all in order to bolster the strength of your case even further. Only once this process is complete, and your claim can be demonstrated and proven in full, will the process move on to the next step.
Public liability claims centre on the issue of negligence. Put simply, an individual or organisation is usually deemed negligent if they owed you a duty of care and they breach this obligation by failing to protect you from harm.
However, establishing negligence isn’t enough to receive compensation. You must also make a direct correlation between the defendant’s negligence and your injuries. This link is called ‘factual causation’ and the general principles are outlined in the Civil Liability Act 2002.
John’s Journey: Overcoming adversity to secure a $500k TPD Claim Jump to Result This image does not depict our actual client. John’s story In July
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