When it comes to trip and fall accidents, construction zones provide potential hazards especially when these areas are near footpaths.
“Mary” was seriously injured one morning while walking along the footpath near her home.
How did the accident happen?
Mary was an active woman who loved to go for walks with her husband and dogs. Her neighbour had commenced renovations to their home which had been taking place for quite some time.
As Mary and her husband were walking past the house under construction, her attention was drawn to the rubble pile in the front yard.
She did not notice that a steel mesh sheet used for concreting had been placed on the nature strip in a way that was mostly concealed, with a small piece sticking out into the footpath.
This caught Mary’s runner and she subsequently fell resulting in a nasty injury to her elbow.
Mary went to see Henry Carus + Associates, and on investigation a claim was fairly put to the homeowner and those doing the works that the placement of the steel mesh on the nature strip was a hidden danger for which they should pay compensation.
At a mediation conference before trial, the insurance companies agreed to provide Mary with compensation for pain and suffering, her past and future medical and related expenses.
Mary received more than $200,000 in compensation and payment of most of her legal costs. Mary was very pleased with the outcome.