People who slip, trip or fall may be lucky enough to escape such incidents with only minor scrapes or bruises. However, some accidents can cause serious problems that have a significant impact on an individual's standard of living.With just a few days until Christmas, many restaurants, cafes, shopping centres and other retail outlets will be bustling with consumers eager to get their hands on last-minute gifts and enjoy some festive food and drink. But what compensation could be available to those who sustain injuries after falling over?In NSW, the Civil Liability Act 2002 is designed to assess whether or not organisations or individuals are liable for damages relating to personal injuries that claimants suffer as a result of accidents on defendants' properties. For example, plaintiffs may seek compensation from supermarkets if they slip on spilled liquids that were not adequately cleaned up or signposted as risks.The law is quite wide-ranging and could apply to accidents that occur across various public and private locations. Aside from shopping and retail sites, people may also be eligible for compensation for mishaps in private homes and rental properties, as well as sports and recreational events, ferries, schools and many other locations.Due to the comprehensiveness of the Civil Liability Act, people should seek advice from specialist personal injury lawyers who can evaluate their cases and decide whether claims are likely to succeed.Slips, trips and falls can lead to serious injuries, including permanent disabilities.How are slip, trip and fall cases assessed?Judges must take many factors into account when ruling on civil liability cases. Essentially, plaintiffs must show that defendants owed the claimant a duty of care and breached this obligation due to negligence.However, the courts also consider claimants' actions and may decide to reduce damages or even reject compensation entirely if they believe individuals contributed to their own accidents or failed to take reasonable care.Successful plaintiffs can receive money for various expenses and costs associated with their injuries, including: * Loss of wages and superannuation * Medical and care fees * Pain and suffering * Home modifications and other miscellaneous costsPayouts often cover both past and future expenses, meaning the courts estimate the seriousness of injuries and award damages based on the claimant's likelihood of needing ongoing financial support. Particularly severe accidents may prevent someone from ever returning to the workplace, which can result in substantial compensation payments.Recent public liability claimEarlier this month, the NSW District Court ruled that a Sydney-based hotel's negligence caused a guest to fall over and suffer lasting disabilities. The plaintiff, Bjorn Illingby, fell over a raised timber platform that the hotel was using as a decorative display.He said the lighting conditions in the establishment's foyer produced a glare through the windows that prevented him from seeing the platform. The trip resulted in bruising and strain to his neck, back and shoulder. Mr Illingby alleged his shoulder still causes him considerable problems, which worsen in cold weather.The defendant, Ratewave Pty Limited, occupied the Novotel Manly Pacific Hotel where the incident occurred. The organisation alleged contributory negligence to dispute the claim, suggesting the plaintiff hadn't been looking where he was going at the time of the accident.Mr Illingby also needed to show that his ongoing disabilities were due to the accident and not the result of previous injuries he had sustained. Specifically, the plaintiff was involved in a serious car accident in 1988 that caused vertebrae fractures, as well as a fall from a cherry picker in 1990 that resulted in a gallbladder injury, a dislocated hip and other problems.Nevertheless, the judge ruled in the claimant's favour and awarded $129,500 in damages, with past domestic assistance costs of $55,000 making up the largest proportion of the settlement. Non-economic losses were valued at $47,500, while future care and treatment expenses came to $23,000.
Source : articlesbase.com
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