Mr Harrison had attended a high-speed improvisation class at The Actors Workshop which involved all students to engage in an activity called ‘slow motion tag’. During this activity, Mr Harrison claims he had tripped on an unknown firm object, shattering his left elbow as a result of putting his arm out to stop the fall. He stated that the person in charge of running the activity did not pay appropriate attention to the objects which were a hazard.
Mr Harrison claimed that one of the biggest effects of his elbow injury was the impact on his business as he was the only employee of the company.
It was later revealed that Mr Harrison had failed to disclose that he had a subsequent court matter relating to his business, and that his company had shut down as a result of a product recall.
In his findings, the Judge considered the facts of the case and decided against Mr Harrison. The fact that Mr Harrison did not reveal the truth that his company had closed down due to a product recall rather than the injury itself meant that he lost all credibility in his personal injury claim. The premises where he injured himself had nothing to do with his current financial predicament. Further, eye witnesses who attended the same improvisation class gave evidence that Mr Harrison did not in fact trip on an object.
As a result, the Judge also ordered Mr Harrison to pay the legal costs for The Actors Workshop.
What to consider
The judge’s decision shows the importance of disclosing all relevant and truthful information when proceeding with a public liability claim as withholding the truth could work against you.
I think I have a public liability claim, what should I do next?
There are legal options available to you if you have suffered an injury at a public or private property. If you believe another party has breached their duty of care and you have suffered an injury as a result, it is important that you contact a public liability lawyer as soon as possible as there are time limitations to consider.
Shine Lawyers are experts in public liability and will be able to guide you through the process and advise you of all your potential entitlements. We operate under a No Win No Fee policy for all personal injury claims.
Written by Shine Lawyers. Last modified: November 26, 2018.