A man was walking in a poorly lit area, and fell down a hidden drop he didn’t know was there. He was severely injured, and the owners of the park wouldn’t admit they were responsible.
The person or entity responsible for maintaining a public or privately owned area must ensure that any member of the public who walks through is able to do so safely. This includes having a duty to ensure the area is free from “hidden traps”.
Where a person is unable to reasonably see obstacles, defects, or changes in the terrain, any injury that results from a fall may entitle the injured person to compensation.
There are a number of factors that are taken into account when determining whether someone is entitled to compensation – firstly, did the hidden obstacle directly cause the damage? Did the person keep a reasonable and proper lookout for their own safety? Was there another reason for the fall, such as faulty shoes, or alcohol? Is the injury sufficiently serious to warrant the trouble and expense of filing a claim?
In this case, a man fell down a large gap that was poorly lit, poorly marked, and not visible from his approach. He was not intoxicated, not distracted, and keeping a reasonable eye on where he was walking. He still fell, and became seriously injured.
The park where he fell could have put a barrier around the gap, or kept the area brightly lit, or erected signs to warn of the sudden drop, but none of these simple measures were taken. The park had failed in its duty of care to entrants who walked through the area, to keep the walk way safe.
The park would not admit fault, and argued that the measures they had taken were sufficient, and that they were not responsible for the fall of the injured man.
Brazel Moore Compensation Lawyers ran this personal injury case as “No Win, No Fee”, and obtained a significant pay out for the injured man.
If you or someone you know has been injured in a public or privately owned space, and you would like to have a confidential obligation free chat, please call your local Central Coast Lawyer now on 4324 7699 or contact us at https://brazelmoorelawyers.com.au/contact-gosford-lawyers/
Leading law firms committed to helping clients cost-effectively will have a range of fixed- priced Initial Consultations to suit most people’s needs in quickly learning what their options are. At Brazel Moore Compensation Lawyers we have an experienced team who can answer your questions and put you on the right track
