Case Background

 

In February 2014, a shopper in New South Wales made a claim for compensation after slipping and falling on a wet floor in a fruit shop. As a result of the fall, the shopper sustained multiple physical and mental injuries, including a right shoulder fracture.

 

What damages were awarded by the Court?

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There are many factors that the Court may consider in making an award for compensation to an injured person in a public place. In this case, as for many other public liability cases, the Court considered the personal circumstances of the shopper prior to the incident and the impacts of the injuries on the shopper.  

 

These circumstances included, but were not limited to, the fact that the shopper was young, fit and healthy prior to the accident, was able to complete household tasks independently, she has not been able to perform her pre-accident employment as a result of the injuries and her restrictions were likely to be long-lasting.

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When taking these factors into account, the injured shopper received various awards for damages such as:

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• Future Economic Loss: $305,040

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• Non-Economic Loss: $136,500

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• Loss of Superannuation: $47,102​

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• Future Treatment: $25,000​

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Why did the Court award this much?

 

The major award for compensation was future economic loss, also known as future loss of wages. In making this award, the Court considered the age of the applicant and accepted that if it were not for her injuries, the applicant would have pursued full-time work as a hairdresser as she had planned before the injury. Given factors such as the young age of the applicant (34), her good health and qualifications prior to the injury, the Court accepted that the applicant would have worked for a number of years in this occupation, which ultimately led a high award.

 

The Court also noted that the Applicant’s enjoyment of the amenity of her life was substantially degraded by the effects of her injuries she sustained in the subject fall. The applicant was awarded $136,500 for non-economic loss, also known as damages for pain and suffering.

 

What are the implications of this case?

 

This case shows the potential entitlement to compensation of an injured shopper, Australia-wide.

 

It is crucial to know what your entitlements to compensation are before accepting any amounts of compensation from an insurance company, after having been injured in a public place.

 

It is equally important that you seek legal advice as soon as possible regarding your potential entitlements.

 

Contact us today if you have been injured in a public place to discuss what your potential entitlements are, so that you are fully informed.

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