The Victorian Supreme Court in Anthony Roy Scott v Ross Howard Wanklyn [2016] VSC 382 has just awarded compensation of $230,000 to a 90-year-old man who was injured in a trip and fall case.
Mr Scott went to the defendant’s property to pick up a wooden chair that the defendant had been repairing for him.
The chair was being stored in a shed at the back of the property. As Mr Scott was walking across a gravel driveway and towards the shed, his foot went into a trench and he fell. He broke his hip and he is not able to walk without a walking aid ever since.
The Court found the Defendant responsible because:
* The trench was not easy to perceive and Mr Scott was unfamiliar with the property, although the property was being used as a residence.
* The risk of a fall was high, as the trench was positioned directly and immediately across the entrance to the shed.
* The likely consequences of a fall was significant.
* The defendant could have easily taken precautions against the risk by erecting a temporary barrier or warning of the existence of the trench.
* Mr Scott’s old age was in his favour, as the Defendant knew that Mr Scott was an elderly, and should have taken precautions against the risk.
* The defendant raised the fact that Mr Scott had not forewarned he was coming to pick up his chair. The court simply noted that the defendant should have anticipated Mr Scott would attend one day to get his chair.
* The court accepted Mr Scott’s evidence that he was watching where he was going and so he was in no way responsible for his fall.
The court had to award compensation for pain and suffering. Pain and suffering is a value amount, based on what other members in our community receive for similar injuries.
We often get asked if it is worthwhile for an elderly person to seek compensation for the injuries sustained in a fall accident in a public space.
We often say yes, as we consider ourselves experts in this area of the law.
When it involves an older person, the compensation given to Mr Scott is a reminder that age should not deter anyone from seeking the fair compensation they deserve.
Of greater importance, Mr Scott’s claim demonstrates, the compensation available can be generous.
Henry Carus can put forward a claim for someone injured from the strength that flows from more than 30 years’ experience with personal injury claims, past experience as a NYC trial lawyer in personal injury litigation, over 20 years’ experience in Melbourne – acting for and against insurance companies in personal injury claims, prior comprehensive understanding of how insurance companies operate from being a senior insurance lawyer and a partner in an insurance firm acting fur commercial insurers and government agencies, and more than 13 years of using that experience to achieve excellent outcomes for injured persons.
If your matter deals with other types of accidents – TAC, work or medical negligence staff are happy to sit down with clients and give them all the free information they may need to understand what their situation is and whether compensation is available.
Anyone needing further information or assistance can contact Henry Carus & Associates on 9001 1318 or visit www.hcalawyers.com.au.
