Compensation for Slip and Fall at Private Residence

Compensation for Slip and Fall at Private Residence

This article outlines the significant payout available to plaintiffs who become injured on private properties.

The plaintiff, Ms Chandler, had a slip and fall on tiles at the defendant’s residential property. The tiles in question were wet as a result of the defendant. He had, earlier in the day, been washing bat droppings off of his front porch and had failed to dry to tiles adequately, or at all.

At the time of the plaintiff’s visit to the home, the front porch light was not turned on, which prevented the plaintiff from seeing that the tiles in question were damp, and that there was a potential risk of injury.
In this instance, the plaintiff sustained a significant injury during her fall, wherein she attempted to stop herself from falling by outstretching her hand. This in turn led to that same hand going through the bottom glass panel of the defendant’s front door, resulting in a severed artery. The plaintiff was rushed to hospital via ambulance where she underwent emergency surgery.

During the course of the trial, liability was in dispute between the parties, however quantum had been agreed by both parties in the sum of $650,000.00.

In similar circumstances in a case in the New South Wales Court of Appeal in Schultz v McCormack [2015] NSWCA 330, the Judge found that “…home owners were liable for injuries sustained by guests who slipped and fell on tiles of a partially covered porch, which had become wet following rainy and/or windy conditions….”

In his decision making process, the Judge found that the defendant erred in providing reasonable care to the plaintiff and was in fact liable for the injuries she had sustained. Ms Chandler was awarded $650,000.00 in damages.

Chandler v Silwood [2016] QSC 90