Summary:

Carbone Lawyers has successfully represented a cyclist who was injured when her bike slipped from under her while riding on a popular bike trail.

Case Details:

The woman, a fitness enthusiast in her 40s, was a regular user of a bike path running alongside a creek channel in inner Melbourne. Many bike riders used the wide-open concreted creek channel as a second bike path at times of heavy pedestrian traffic. 

The creek had large drainage pipes that discharged water into the creek, leaving slippery debris on sections of the concrete, particularly after heavy rain. Despite this recurring hazard, it remained largely unaddressed.

channel near one of the drains. She was unaware of the buildup of debris in that section until it was too late. Her bike slid out from under her, and she crashed to the ground. She was rushed to the hospital, where she was diagnosed with a severe ankle fracture that required the insertion of plates and screws to hold her ankle together. As a result, she suffered ongoing pain and reduced function in her ankle, as well as subsequent lower back pain.

An investigation revealed that the water authority had been aware of the dangerous conditions in the channel for over a decade. Records showed more than 10 similar incidents involving cyclists in the same section of the creek. Over the years, the authority had made several attempts to deter people from using the creek as a thoroughfare, including erecting signs and placing warning markings on the ground. However, the signs had been vandalised, the markings had faded, and at one point, gates installed on access ramps to deter cyclists had been removed.

Legal Action:

Carbone Lawyers represented the plaintiff, mounting a claim against the water authority for failing in their duty of care it owed to the public. The lawsuit argued that, despite knowing of the hazard, the water authority did not take reasonable measures to eliminate or reduce the risk posed by the creek, thereby failing to ensure it was safe for public use.

The injuries had a significant impact on the plaintiff’s life. Before the accident, she was an active fitness enthusiast who participated in cycling, running, CrossFit, and group exercise and dance classes. After the fall, she was unable to return to cycling and had to give up most sports she loved. 

In addition to her fitness activities, the plaintiff worked two jobs, including a part-time retail position, that she could no longer perform due to her injuries. Furthermore, the injury affected her self-esteem, as she could no longer wear high heels, which had been an important part of her sense of femininity and personal style.

Outcome:

The matter went to court, but on the fourth day of hearings, counsel for the water authority agreed to settle the case. The plaintiff was awarded a lump sum of over a quarter of a million dollars, plus costs. The settlement reflected the authority’s failure to address the known hazard and the significant impact the accident had on the plaintiff’s physical, emotional, and financial well-being.*

*Details of this case have been altered or omitted to protect the identity of the parties.