Personal Injury Claim News - A woman who slipped in a Sydney hotel has been awarded almost $300,000 in damages - even though there was a sign warning patrons of a wet floor.
Diana Hutton-Potts, 48, was walking through the bar area of the Bondi Hotel on 5 December 2000 when she slipped and fell on the wooden floor.
As she slipped, her knee hit the door of the gaming room. She felt a sticky substance, which was unbuffed liquid polish.
The New South Wales District Court was told Ms Hutton-Potts had suffered knee and neck injuries, and also a back injury.
A cleaner from Kidgloves, who was buffing and polishing the area, saw the incident. He said a sign indicating "wet floor'' had been placed nearby.
Ms Hutton-Potts made a personal injury claim against the hotel and Kidgloves, alleging breach of duty of care. She said the area should have been closed to the public while it was being cleaned.
Ms Hutton-Potts had not been drinking. She said the area looked like "just a wooden floor'' and that she "didn't notice how slippery it was''.
In court, the defendants argued that the risk was so obvious that Ms Hutton-Potts "ought to have anticipated it''. But Justice Graham found that the unbuffed polish was a "hidden hazard''.
He found the Bondi Hotel to be 80 per cent liable and the cleaning company, Kidgloves, 20 per cent. The damages at trial were reduced by 20 per cent for contributory negligence.
Ms Hutton-Potts was awarded $277,000, which included compensation for medical expenses. The defendants appealed but lost on all but one issue - the court reducing the hydrotherapy claim from $45,000 to $15,000.
Source: The Sunday Telegraph (Australia) 7 January 2007