Key Points:

• Man suffers physical and psychological injury while attending a public event
• Action bought against three parties.
• Settlement tops a quarter of a million dollars

Summary:

Poor safety standards at a public event result in compensation for an injured man..

Case Details:

Anyone staging a public event has a duty of care towards all those attending. The organisers and owner of the land where the event is happening must do everything possible to ensure people are safe. This may involve clear signage and wayfinding, security, lighting, traffic management, and on-site emergency services.  

This is a case where the organisers and other responsible parties failed their duty of care. 

The plaintiff, a young man, attended a cultural festival with friends in a local council park.  Walking through the festival area, he didn’t see a large ditch that lay unmarked in the ground. He fell into it, fracturing his leg and ankle and suffering bruising and abrasions to other parts of his body.

After initial treatment for his injuries, the man returned to work as it was a profession that didn’t require a lot of mobility. 

With no substantial loss of income, there was concern that any compensation claim would be challenging.

However, the team at Carbone Lawyers showed there was negligence in failing to install barriers or signage alerting the public to the hazard and to provide proper lighting. It was an accident waiting to happen.

Compensation claims were lodged against the insurers of the event organisers, the local council and the traffic control company for medical costs, pain and suffering and additional expenses incurred during his recovery.

Outcome:

A settlement was reached in excess of $250K, including costs.