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ARTICLE · 19 AUGUST 2020

Have you been hit by a mobility scooter in a shopping centre?

Important take outs to consider before starting proceedings for damages when colliding with a mobility scooter at the shops.

AustraliaLitigation, Mediation & Arbitration

In a study published May 2019, in the period 2011 to 2016 approximately 140 pedestrians were admitted to hospital for mobility scooter-related injuries. But if you sustained an injury as a result of a collision with a mobility scooter in a shopping centre, could you make a claim for compensation? The case of Whitton v Dexus Funds Management provides precedent and guidance.

Circumstances

Ms Whitton attended Deepwater Plaza Shopping Centre at Woy Woy on 17 July 2016. Whilst she was exiting an amenities corridor, Ms Whitton was struck in the back heavily by a mobility scooter driven by an elderly woman, causing her to fall to the ground. Ms Whitton sustained injuries to her back, leg and a psychological injury.

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