We have brought a number of public liability claims for injured children who suffered catastrophic injuries as a result of falls.
One young boy who I will call Aiden, was 4 years old when he climbed onto his brother’s bed and propped himself up against the fly wire screen on his brother’s window. When the fly wire screen fell away and Aiden fell through the window, he fell three stories landing on the concrete below. Miraculously Aiden survived. He suffered a traumatic brain injury and will require 24 hour care for the rest of his life.
With more families living in high rise apartments than ever before, more and more children are being exposed to the risks posed by unsafe windows and balconies. The Children’s Hospital at Westmead has run an education campaign called Kids Don’t Fly to educate the public about these risks. Our role as personal injury lawyers is limited to assisting families in the aftermath of such tragedies.
In Aiden’s case we brought a claim against the landlord of the apartments for failing to install a window lock that would have made the apartment child safe. Such a window locks cost in the order of $4.00 to $6.00. The landlord was well aware of the presence of young children in the apartment. They were also aware that the bedrooms were designed in such a way that the beds could only be located directly next to the window. We argued that this created a foreseeable risk that a young child would climb onto the bed and fall through the window.
We were ultimately successful and able to settle Aiden’s case without going to a court hearing. The compensation Aiden received will allow his family to obtain the support and treatment he requires and we hope allow him to live a long and happy life.
If you or someone you care about (even a young child) suffers an injury due to another person’s negligence, you may be entitled to compensation. You can contact Stacks Goudkamp on 1800 25 1800 or by making an online enquiry, to obtain friendly advice about your circumstances from one of our compensation experts.
Written by Alexander Morrison.
Alexander Morrison is a Solicitor in Victoria Roy’s Practice Group. Alex has a varied practice including motor vehicle claims and public liability claims that occur both within Australia and overseas.