$235,000 damages awarded for lost earnings following a fall on a rental property

We acted on behalf of a 41 year-old woman following a fall at a holiday rental in Florida. Our client fell as she descended a flight of wooden steps in front of the property. It had been raining before she left the property and the steps were slippery.

She sustained a bad complex fracture to her right ankle which required open reduction and internal fixation surgery as a result of the accident. This has left her some degree of permanent impairment.

The most significant aspect of the client's claim was in respect of her lost earnings. Prior to and immediately after the accident, she was a director and partner in a private accountancy firm. However, due to her lengthy period of treatment, she spent considerable periods of time out of the office. The business suffered and, ultimately, the partnership was dissolved. Eventually, once the majority of the client's treatment had concluded, she was able to start her own accountancy firm.

We worked alongside an attorney in the US who entered into negotiations with the management company responsible for the maintenance of the complex and, subsequently, its liability insurers. An expert report was obtained from a local health and safety expert who determined that the steps where the client slipped were in breach of both local and federal health and safety regulations due to the lack of non-slip coating, the narrowness of the steps and the height of the banister.

On the basis of this report, liability was conceded by the defendant’s loss adjusters, the claim settled in the client's favour and damages were agreed in the sum of $235,000.

Return to case studies