Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 16 October 2020.
Jane was shopping at her local supermarket when she suddenly saw her ex-boyfriend, Tom standing at the opposite end of the aisle. Overwhelmed with emotion, she swiftly turned around and ran in the opposite direction. Unfortunately for Jane, she tripped on a protruding floor tile mid-stride and fell face-first onto the floor. Jane lost consciousness for a short period before opening her eyes, only to find her ex-boyfriend’s face hovering above her as he attempted to help her off the floor.
As a result of the incident, Jane sustained a broken nose and a significant shoulder injury.
A few months later, Jane was offered $2,000 from the shopping centre in return for not pursuing legal action. She was deeply offended by their letter, as her quality of life had severely diminished following the incident. She was required to take months off work, undergo shoulder surgery and expend hundreds of dollars on pain medication.
Jane decided to contact a lawyer to obtain advice on whether she should accept the $2,000 offer. She was pleased to learn that it was possible that she could obtain around $100,000 in compensation if she pursued a public liability claim against the supermarket.
Provided that there was sufficient evidence to prove negligence on the supermarket’s behalf, Jane would successfully be able to claim compensation for her loss of income and treatment. However, it was likely that the supermarket would argue contributory negligence on the basis that she failed to take reasonable care for her own safety by running in the supermarket. Jane was relieved that at least she would not be out-of-pocket and decided to proceed in accordance with her lawyer’s advice.
Thank you to Antonela Josipovic for her assistance with this column. If YOU would like a particular issue addressed please email Manny at manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
