A Family Celebration Turns into a Nightmare
What began as a joyful family holiday at a picturesque Fijian resort quickly turned into a traumatic ordeal for our 79-year-old client client. On the night of the accident, he was walking to dinner with his sister and a friend. The path to the resort’s restaurant was shrouded in darkness – two critical lights flanking a small wooden bridge were out of order.
Unable to see the uneven terrain, he tripped on hidden rocks and fell violently to his knees. His face struck a wooden pole attached to the bridge, causing severe injuries to both eyes. The resort fixed the lights the very next day—but the damage had already been done.
The Injuries: Painful, Permanent, and Life-Altering
The fall left our client with:
A tear duct injury to his left eye
Lacerations to his right eye and face
Grazes to his knees
Back in Sydney, he underwent eye surgery at Royal North Shore Hospital to remove a blood clot from behind his eye. He continues to receive care from both an eye surgeon and a plastic surgeon and has since been transferred to a rehabilitation facility.
The Legal Battle: Resort’s Breach of Duty of Care
A public liability compensation claim was made against the resort, arguing that it had breached its duty of care by failing to provide safe passage for guests. The resort’s negligence directly led to our client’s injuries, pain, and suffering.
The claim included:
General damages for pain, suffering, and loss of enjoyment of life
Special damages for medical expenses, domestic assistance, and rehabilitation costs
Despite his age, our client was previously active and independent. The accident robbed him of his autonomy—he now requires substantial assistance from his family and cannot leave the house alone.
Compensation Under Fijian Law
Because the accident occurred in Fiji, the claim was assessed under Fijian common law, which is derived from English legal principles. Key points include:
No statutory cap on general damages
Subjective assessment of pain and suffering
Special damages for financial losses, including medical costs and care
Three-year limitation period for claims
Contributory negligence may apply
Settlement Achieved Without Court Proceedings
During an informal settlement conference, the resort’s legal team acknowledged the unfortunate nature of the accident and accepted liability. They recognised that our client had lived a full and independent life prior to the incident.
After protracted negotiations, the matter was resolved without the need for litigation. Our client and his family were deeply grateful for the successful outcome and the recognition of the trauma he endured.
Key Takeaways for Travellers and Legal Professionals
Resorts and hotels owe a duty of care to their guests—failure to maintain safe premises can result in serious legal consequences.
Injuries sustained overseas can still be compensated, but local laws apply.
Public liability claims can cover both physical injuries and the emotional toll of losing independence and quality of life.
Our client, David, who lived in Perth, was 20 years old when he purchased a package holiday at a resort in Kuta Beach, Bali.
He was attracted to the resort by the party atmosphere and various drinks promotions. The establishment was exclusively for Australians.
David consumed extreme amounts of alcohol as was encouraged at the resort. However whilst intoxicated he fell from a first-floor balcony onto a rock garden. He broke his neck and was paralysed. He was repatriated from Bali to Perth where he was hospitalised for a long time.
Once instructed Tom Goudkamp travelled to the resort incognito to try and establish what had happened and how the accident could have been prevented. He also took an engineer to conduct a slip test on the balcony from which David fell.
We gathered evidence of the alcohol promotions and drinking prizes, in order to build a case that there was irresponsible service of alcohol. The engineer also reported that the balcony was dangerously slippery, particularly in the tropical humidity. The fact that David had been wearing thongs, as you would expect in a holiday resort, did not help. Furthermore, the balcony wall was only 12 inches high.
The case proceeded to a mediation in Sydney and was settled for a very significant sum.
