Joe, 52-year-old Western Sydney resident, was on his way to work in the early hours of a winter morning. It was dawn and the visibility was poor. He proceeded to cross the road and walked onto the nature strip to get to the other side. Unbeknown to Joe, right next to the footpath was an exposed telecommunications pit which did not have a cover or a lid on it. There were no warning signs, the perimeter of the pit was not highlighted with yellow or high visibility paint and there were no barriers around the pit to warn pedestrians of the potential hazard.
As Joe walked onto the nature strip, his left foot went into the pit causing him to twist, fall and suffer an aggravation of a pre-existing back condition.
Although Joe experienced sporadic episodes of back pain prior to his incident, he was still able to work full time in the construction industry. He, also, cared for his wife who had a disability. After his accident, Joe could no longer partake in heavy construction work and was only able to perform light duties. This resulted in a reduction of earnings compared to his pre-injury earnings. He also struggled with performance of domestic tasks around the house and in particular heavier household and gardening tasks and duties.
How we helped Joe
When Joe approached Longton Legal/Longton Compensation Lawyers, we discovered that the owner of the telecommunications pit, involved in Joe incident, did not have a routine system of inspection and maintenance for the pits it owned in the area and that the lid from the subject pit had been missing for more than 6 months.
We commenced court proceedings on behalf of Joe in the District Court of New South Wales, sought production of maintenance and inspection records from the owner of the pit, obtained the necessary engineering and medical evidence, and claimed compensation for all of Joe’s injuries and losses. We were able to successfully resolve Joe’s compensation claim informally without the matter proceeding to trial in the District Court of New South Wales.
Compensation claims involving telecommunication pits
Public liability compensation claims often arise out of defective infrastructure due to lack of maintenance. They often involved damaged telecommunications pits, which act as hazards because of missing, cracked or misplaced pit lids. If you are injured because of a defect in the telecommunications pit in your area, you may be entitled to compensation. With thorough preparation of your public liability claim, we will help you recover the compensation that you truly deserve, just like we did for Joe.
*the facts and names have been slightly altered to preserve privacy and confidentiality.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
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