The personal injury law team at Carbone Lawyers has obtained a large lump-sum payment for a woman who sustained serious shoulder injuries after slipping and falling in the restroom of a prominent Melbourne entertainment complex. Despite the defendants’ claim that the wet floor was adequately signed, analysis of CCTV footage and a hands-on forensic engineering slip test proved the venue’s liability.
Key Points:
- CCTV Disproves Contributory Negligence: The defence tried to leverage the client’s presence at an entertainment venue against her, but hours of reviewed CCTV footage definitively proved she had only consumed a single alcoholic beverage.
- Inadequate Signage and Warnings: While the defendants claimed a wet floor sign and verbal warnings were in place, evidence showed the physical sign was positioned far from the incident area, and the alleged verbal warnings could not be substantiated.
- Defective Infrastructure Proven: A forensic engineering expert conducted on-site testing and found the venue’s bathroom tiles failed to meet regulatory slip-resistance standards when wet.
Details of the Case:
The incident unfolded during a night out at a well-known entertainment complex in Melbourne. The woman, who worked as an emergency services officer, visited the venue’s restroom facilities. Having only consumed one alcoholic drink over a significant period, she was completely unimpaired. Upon entering the large amenities area, she noticed a cleaning contractor mopping a section of the floor a considerable distance away, accompanied by a single wet floor sign. After washing her hands, she stepped away from the basin; her feet suddenly went out from under her on the slippery tiles, causing her to fall heavily and severely injure her shoulder.
The injuries required corrective shoulder surgery and a lengthy rehabilitation process. While she was able to return to her job, the permanent physical limitations of her injury stripped her of her ability to work on the frontline, forcing a transition into an administrative desk role.
Carbone Lawyers made a legal claim against two distinct entities: the operators of the entertainment complex and the third-party maintenance company responsible for cleaning. The defendants mounted an aggressive, multi-layered defence. They initially tried to imply her judgment was impaired by alcohol, argued that a wet floor sign was active, and claimed their cleaning staff had provided verbal warnings to patrons.
The legal team systematically dismantled this defence. First, they forced the release of hours of venue CCTV footage, painstakingly reviewing it to verify that the client had only consumed one drink, neutralising the intoxication argument. Second, the plaintiff, her legal counsel, and the defendants returned to the scene accompanied by an expert forensic engineer. The engineer conducted a live slip test on the bathroom tiles and demonstrated that the tiles used by the venue failed to meet safety standards and were inherently dangerous when wet, rendering the distant warning sign legally insufficient.
Outcome:
Faced with undeniable scientific evidence that the venue’s flooring was non-compliant, along with CCTV evidence vindicating the client’s sobriety, the defendants chose to settle the matter. A lump-sum settlement in the vicinity of $300,000 was successfully reached to compensate the woman for her pain and suffering.
Please note: Some details of this case have been deliberately obscured or omitted to protect the privacy of the parties involved.