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R194 000 for a trip and fall

updated: 24-Aug-12

The personal injury team at de Broglio Inc helped Wendy*, a client in her early 60's, to recover R194 000,00 as an out of Court settlement after a slip and trip in a parking lot of the Rosebank Shopping Centre. Wendy slipped on a loose steel cover in the parking lot and the cover had four screws, one for each corner, and three of the screws were loose causing the cover to project dangerously and leading to her fall.

She had fractured her right elbow, although it healed well, and while she never lost much income because she had staff to assist her in running her business, she obviously suffered severe discomfort and pain.

The attorneys for the Shopping Centre contended that there was a disclaimer on both the parking ticket and a display on the parking area, however the insurance company representing them saw it financially viable to settle the matter rather than to defend a negligence trial and possibly a quantum trial, and made an all-inclusive offer of R194 000,00 which, after discussing it with the personal injury attorneys at De Broglio Inc, Wendy decided to accept. Wendy was delighted with the fantastic result, and the fact that she did not, in this case, have to go to Court. Michael de Broglio of the firm advised that in most cases the matters would go to trial but good settlements like this were still possible in some cases without the matter proceeding to Court itself.

*Name changed to protect identity of the client.

De Broglio Inc personal injury website -  www.personalinjury.co.za


Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.