Summary:
Carbone Lawyers has obtained a six-figure settlement for a young woman who was injured after tripping on a damaged section of a footpath. The claim alleged the local council was negligent and in breach of duty for failing to maintain the footpath in a safe condition.
Key Points:
- The defendant is the local council authority responsible for the footpath.
- The plaintiff tripped on a broken section of a footpath.
- The plaintiff alleges the footpath was damaged and/or hazardous, and the Council failed to ensure the footpath was safe.
Case Details:
The plaintiff, a woman in her 20s, was jogging in a bayside suburb of Melbourne when she tripped over a broken concrete tile, which formed part of the footpath.
The fall severely damaged her knee, which required a total reconstruction and the insertion of numerous plates and screws. It also ruptured several of the ligaments around the knee.
Before the accident, the young woman was fit and active, playing many sports. The injury impacted her psychologically, and she became depressed and anxious.
Carbone Lawyers, representing the plaintiff, lodged a claim against the local Council responsible for the footpath, which had a duty to ensure the footpath was safe for use.
They argued the Council was negligent and/or breached their duty of care by failing to adequately inspect, maintain, and repair the footpath, and by permitting a hazardous condition to exist. They also alleged a breach of statutory duty under the Road Management Act 2004 (Vic).
Carbone Lawyers engaged an engineer to inspect the site; however, they found that the Council had sent workers to fix the broken concrete the day after the accident. Fortunately, the young woman had the presence of mind to take photographs of the damaged footpath.
The plaintiff sought damages for the knee injuries, past and future medical expenses, and gratuitous care and assistance costs.
Outcome:
The matter settled out of court, with the young woman receiving a settlement of several hundred thousand dollars.
