ACT News

Kambah woman chasing more than $150,000 in compensation after fall at Northbar

A Kambah woman is chasing more than $155,000 in compensation after injuring herself at a popular bar on Northbourne Avenue, which closed its doors in September 2014.

According to court documents, the then 21-year-old old was drinking at Northbar with family and friends in July 2013 when she fell, leading to months of persistent pain and expenses.

A Kambah woman is owed more than $155,000 after falling a now closed northside bar.
A Kambah woman is owed more than $155,000 after falling a now closed northside bar.  Photo: Rob Homer

The woman, represented by Blumers personal injury lawyers, claimed to have had two alcoholic drinks at the venue but admitted to having another two or three drinks at a family dinner earlier in the evening.

She said she walked across a polished concrete floor to meet her friend around 12.30am when she slipped and fell on the floor.

"I fell on my left side, landing on my left buttock and my left arm," she said. "I landed on the heel of my hand with my arm slightly bent. It was painful, especially at my left elbow."

The plaintiff claimed the owner of the bar failed to clean spilled drinks from the floor and to ensure it was clean and safe for patrons.

"I was unaware that the floor had been wet and slippery until that point and had not walked over the part of the floor where I slipped before that time," she said.

She said she couldn't drive for close to two months after the fall and had to walk two kilometres to catch the bus to work.

She had to pay for treatment and expenses not covered by Medicare and relied on assistance from her family for daily activities.

"From the time my arm was in a sling I needed my sister to help me shower, wash my hair and dress myself," she said.

"My sleep is very disturbed. I sleep on my stomach and can't get comfortable. I wake up a lot and I used to be a sound sleeper."

A report by a Bathurst based orthopaedic surgeon found she suffered a fractured elbow and her disabilities and complaints were exclusively due to the fall.

"She will ultimately require surgery for osteoarthritis in the radial joint at some time in the future whatever happens," the report said.

According to documents seen by Fairfax Media, the bar's owner told the plaintiff's lawyers the venue was not covered by public liability insurance at the time of the fall as he was "in the process of negotiating a new policy".

The bar was uninsured between July 19 and July 30 when a new a new policy commenced, two days after the woman was injured.

In October, special magistrate Ken Cush ordered the defendant to pay the plaintiff $139,228 including $85,000 for pain and suffering, $15,000 for future economic loss and $10,000 for future domestic assistance.

In December, the company was issued with an order to attend an enforcement hearing with $155,079 owing to the plaintiff, including interest accruing at $30 per day.

On February 24, the owner's company was placed into voluntary external administration with Deakin based company RSM Australia Partners.

A spokesman for RSM Australia Partners declined to comment on this story.