If you have been injured whilst walking in a public park or public reserve you may have a claim for compensation for the injury.
We recently had a client, John (not his real name) who tripped over a raised storm water drain, fell and suffered injury. The reserve was an open native park with dry grass or earth surface and irregularly positioned native trees. Most of the storm water pit covers appeared to be level with the surrounding earth but the one which caused the tripping was raised 120-130mm. The park was regularly maintained by the local Council. There was no lighting and little opportunity to see the tripping hazard at night. The Court determined that the task of raising the earth surface by the Council would have been reasonable and cheaply performed.
The Court found in favour of John and he was awarded compensation.
In another case, Kathy (not her real name) was descending a set of steps when she slipped and fell. Kathy struck her head on the iron railing on the staircase and continued to fall, suffering significant injury. The court found that Kathy fell when her left foot stepped on a broken nose tile on the sixth step and that the broken nose tile caused her to lose her balance and fall. The Court also found contributory negligence by her in that she should have used the handrail and should have kept a proper look out for the broken nose tile. Compensation was awarded.
If you have had a slip and fall on public or private premises you may have a compensation claim. Compensation can be for pain and suffering, past loss of income, future loss of income, past medical expenses, future medical expenses, out of pocket expenses and for domestic assistance. If you want to know where you stand please call Peter Moore, Specialist Compensation Solicitor of Brazel Moore Compensation Lawyers on freecall 1800 891 691 for an informal chat free of charge. Please remember that time limits do apply so you should seek legal advice at the earliest possible time..