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14/10/20

Case Study - Camera, Records, Action!


Cox Mahon’s clients were responsible for the property management carrying out inspections at regular predetermined intervals and arranging any necessary repairs or maintenance at the centre.

The third party in question sustained a leg injury having allegedly tripped over a loose paving slab at the front of the shop. The claimant commenced a claim for Personal Injury against the shop owners.

Following the accident, the replacement of several broken slabs was instigated. Review of the inspection records revealed that the defect had been noted but that repairs had never been authorised. Images taken during the inspection confirmed the defects.

The claim was made citing various areas of alleged negligence, all of which related to our clients activities as Property Managers.

Settlement to avoid court action and the attendant costs was eventually made on a shared basis between the Public Liability and Personal Injury Insurers.

Support was provided by Cox Mahon who advised on the provision of documentation and provided risk management suggestions to avoid any similar situations where a problem is identified but not remedied!

Accurate inspection records, risk assessments and photographic evidence are all paramount in defending and mitigating matters such as these.