Key Points:

• In the event of a slip or fall in a public place, having photographs, eyewitness accounts, and CCTV can be crucial in securing a successful claim.
• If the injury occurs while visiting a business, an official incident report should be filed as soon as possible.

Summary:

Carbone Lawyers has obtained a significant settlement for a woman who was injured when she slipped on spilt fuel at a petrol station.

Case Details:

The Plaintiff, a woman in her 40s, and her husband had stopped to refuel at a petrol station operated by a grocery chain. As the husband was unfamiliar with the petrol station’s prepayment system, the wife got out of the passenger seat and walked around the car to assist him.

A previous customer had spilt some petrol on the concrete driveway, making it slippery. When the woman stepped on the wet concrete, she slipped and fell on her back, injuring her spine and shoulder. 

The injury and subsequent surgery left her with chronic pain and discomfort and meant she would be permanently incapacitated from returning to her retail job. She also suffered the psychological injury of stress, anxiety and depression. 

CCTV footage showed the petrol station attendant saw the spill and did nothing about it. Part of the claim against the petrol station operator is that the staff did not attempt to clean up the spill, did not have or deploy spill kits, and did not try to warn other customers of the hazard by placing witch’s hats or warning signs around the spill.

Further investigations by an Engineer engaged by Carbone Lawyers found that painted markings on the concrete where the spill occurred had been done with the wrong paint and did not meet the non-slip safety standards. This contributed to the hazard and the woman’s injury.

On the day of the accident, the woman and her husband had the presence of mind to make a good record of what happened and lodged an incident report with the petrol station operator. Carbone Lawyers believes this was vital to achieving a successful settlement. 

In addition to her loss of income and future earnings, the woman faced ongoing medical costs and would need to rely on the care and support of her husband and children.

Outcome:

The matter was settled out of court for close to half a million dollars. *

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