Key Points:

• The case highlights venues’ responsibilities to ensure the safety of their patrons and the potential consequences of failing to maintain a safe environment. 

Summary:

Carbone Lawyers has successfully achieved a public liability settlement for a Melbourne woman left with permanent physical and psychological injuries after falling over in an entertainment venue.

Case Details:

What was supposed to be a fun night out to celebrate her recent divorce ended in a lasting injury and legal action.

The woman had joined a group of girlfriends at a nightclub to see a tribute band performance and enjoy a night out. During the evening, she made her way to the venue’s toilets, which were located past the bar. The flooring at the end of the bar was polished concrete that was wet from spilled drinks and other liquids splashed from the service area. Her feet slipped on the wet concrete, and she fell over. The fall broke a bone in her foot, requiring surgery and the insertion of an implant.

As a consequence of the injury, the woman will never be able to stand on her tiptoes again and can no longer wear high-heeled shoes. This fact has significantly impacted her confidence and sense of femininity.

Her injury also complicated her career, as it hampered her ability to stand for extended periods, a crucial requirement in her line of work.

The woman reported the incident to the nightclub in the days following the fall. Still, the venue denied any responsibility, insisting that the concrete surface was non-slip and that the floor was regularly cleaned. The club also claimed that there was no record of an incident that night, suggesting that the woman’s high-heeled shoes were the actual cause of her fall. They further argued that her injuries were not as severe as she claimed.

The nightclub’s owner admitted that they had reviewed the CCTV footage from the evening in question but erased it after finding no evidence of the fall. This action drew sharp criticism from Carbone Lawyers, who argued that the destruction of the footage eliminated any evidence that could support the nightclub’s defence.

Despite the nightclub’s denials, the woman’s case was bolstered by testimony from a friend who was with her on the night of the incident. While the friend did not witness the fall directly, she recalled how the woman returned from the bathroom in visible pain and explained that she had slipped on the wet floor. The two left the venue shortly afterwards, and the woman documented her injuries with photos taken soon after the incident.

Carbone Lawyers uncovered evidence suggesting that the woman’s slip was not an isolated incident. They found that other patrons had also slipped in the same area of the floor on previous occasions, with the venue failing to record these incidents. Additionally, soon after the woman’s fall, the nightclub laid carpet over the polished concrete, a move that Carbone Lawyers suggest is an admission of the floor’s potential danger.

Outcome:

The woman received a significant six-figure payment for pain and suffering. *

*Details of the matter have been omitted or altered to protect the identity of the parties involved.