A year 9 student at a public Lake Macquarie High School has been awarded $55,000.00 after he was injured during a game of football organised by a trainee teacher. The game of football was played on a concrete surface under the school awning. However, it had been raining and although the area was covered, water had leaked onto the concrete surface making it a slippery hazard. Our client, who was 15 years old at the time, suffered a fractured arm when he slipped and fell during the game. As a result of the school’s negligence and breach of duty of care, our client had to undergo two surgeries to treat his fractured arm. The serious injuries sustained by our client had a negative and detrimental effect on his schooling and future career prospects.
The Defendant disputed our client’s version of events arguing that the area on which our client slipped was not wet. As Gerard Malouf and Partners have an established network of experts which we closely work with to ensure our clients’ cases are successful, we were able to obtain an expert’s opinion of this conflicting issue which was favourable to our client’s version. We worked hard for our client to obtain evidence and witness statements which supported his story.
Gerard Malouf and Partners were also successful in arguing that the school had not complied with the general safety guideline policies for sports and physical activities required in schools. Not only was our client instructed to play sport on a venue that was not grassed, he was also put at risk due to the slippery surface caused by the rain. Additionally, the trainee teacher who was inexperienced and unqualified, should have been supersized directly by a professional teacher. We were able to prove that the Defendant was liable for our client’s injuries as they acted negligently , breached their duty of care and did not comply with the NSW safety guidelines for schools when it came to playing sports.
Due to the strong evidential case Gerard Malouf and Partners were able to build against the Defendant High School, our client’s matter was able to be settled in an informal settlement conference without the stress and added costs of proceeding to court. The court process is also often time consuming and, as such, informal settlement conferences can assist our client’s in obtaining their compensation settlement faster. Just one year after his injury, the lawyers at Gerard Malouf and Partners, along with the specialist barristers we work alongside, vigorously negotiated a fantastic settlement of $55,000.00 for our client.
Our client was not only extremely happy with his settlement figure, but also with his experience with Gerard Malouf and Partners who were successful in establishing a strong case of professional negligence and worthwhile settlement on his behalf.
If you or anybody you know has been involved in a public place accident, contact one of our expert personal injury lawyers at Gerard Malouf and Partners for a free consultation to discuss your legal entitlements.
