A member asked over 8 years ago

Personal injury,my wife tripped on the base of a retail display.

We were on holidays in Sydney when my wife tripped on the base of a retail display. We have CCTV and photo evidence of what had happened.

My wife was taken to St Vincents and had Dynamic Screw placed in her broken femur and spent a number of weeks in hospital. We had medial insurance which covered most of the expenses. I was inconvenienced as I could not return home interstate while she was in hospital.

Other than cancellation fees and flight costs to see Specialist Doctors in Sydney we were not out of pocket to any great extent,but my wife is now unable to walk very far and has a decided limp because of the broken femur. My wife was 68 yrs when this happened but was able to walk freely and was not suffering from the leg pain she suffers from now,she was on a number of medications when the accident happened but did not suffer from the lack of mobility or leg pain she endures now.

What should we be doing to get costs and seek injury damages?

Emily Boutard
Legal Researcher at LawAdvisor

Hi there. It sounds like you have had a rough time with the injuries your wife has been dealing with. Your wife is suffering ongoing medical issues as a result of the injury, so it is good that you are thinking about your legal rights.


Stores, restaurants and places open to the public owe a duty of care to the people who use their facilities. A duty of care is a requirement that a reasonable level of care is exercised to provide a safe environment for users. When this duty is breached, and someone suffers an injury, that person may be eligible to be compensated for their loss.


In order for your wife to be eligible to seek damages as a result of her injury she will need to show that the store where she was injured owed her a duty of care, and that that duty was breached with the placement of the sign in that spot or because the sign itself was dangerous. In addition to this certain limitation periods may apply for how long after the injury she can seek damages. You did not mention when the accident happened, so it will be important for you to check this.



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Answered over 8 years ago   Legal disclaimer

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Michael Andersen

Hi there, that is an awful injury to suffer and I hope your wife is on the mend. I practice as a personal injury lawyer in Queensland so I can't give you NSW specific advice but the basic idea mentioned above by Emily is correct. The second point you need to look at is the value of the claim and this takes into consideration the pain and suffering associated with the injury (in Queensland we have a "points system" I'm not certain about NSW), as well as the costs incurred for accident-injury related expenses and paid assistance, you may also be entitled to gratuitous care (free help - in Queensland there are thresholds I'm not certain about NSW). In NSW I believe the injury needs to be a certain percentage to be entitled to compensation as well. I agree that you need to speak to a NSW lawyers however given your wife is in pain and its impacting her ability to walk and move about it is worth finding out your wife's rights. Good luck.

over 8 years ago
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Michael Andersen

(to be complete... other areas of compensation include - Wilson v McLeay damages for the time you must have spent in hospital away from home; future care and assistance needs; and if your wife was working and past or future economic loss)

over 8 years ago
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Chris Sheppard

I am sorry to read of your wife's nasty injury. However, in order for her to have an entitlement to damages (aka compensation) in NSW, she will need to be able to prove that the occupier of the store's negligence caused her injury. For example, the store should not have placed the display in an area of high pedestrian traffic. Without knowing more intimate facts, it is not possible to provide an opinion on her prospects of success.

The store may have had CCTV footage of the accident. It is important to try and obtain a copy of that footage before it is lost or destroyed. It is also important to attempt to identify any potential witnesses to the accident as soon as possible following the accident (people tend to forget details)

It is important to keep in mind that in NSW any claim for damages must be filed in Court within 3 years of the action becoming "discoverable". However, it is safer to ensure that any court proceedings are commenced within 3 years of the date of the injury.

I can be contacted at christophers@rmblawyers.com.au

over 8 years ago

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