It was a rainy day when Sydney labourer Abdul Raad, 42, decided to run from his car to a butcher store located inside his local shopping centre.
He ran through the back entrance of Busby Shopping Village and within seconds he was on the ground after slipping on some wet tiles.
Mr Raad said he hurt his back so badly that he was no longer able to do physical work as a labourer, could not sit for more than a few minutes and that "his sex life was greatly reduced".
"He said that he lived in a situation where he did no domestic duties because he could not lift baskets of wet laundry or groceries, could not wash his car and did none of the outside maintenance work such as lawns or gardens," Justice David Davies said.
Although Justice Davies found Mr Raad was exaggerating the repercussions of the slip and fall, he found he was entitled to $75,547 in damages in the NSW Supreme Court this week.
"The plaintiff's evidence and the evidence of his partner about the plaintiff screaming in bed at night bordered on the bizarre," Justice Davies said.
However, he ultimately found Mr Raad had suffered at least two fractures and soft tissue damage and was entitled to damages for numerous things including loss of income.
In handing down his judgment on the matter, Justice Davies said the shopping centre breached its duty of care by failing to ensure the tiles on the property were "treated with a slip-resistant surface that was renewed from time to time".
He noted that rehabilitation experts had found that any acute injury should have healed within three to six months of the accident.
"He was no doubt in considerable pain and discomfort for a few months after the fall," Justice Davies said.
He also relied on the evidence of orthopaedic specialists who found that any ongoing pain could be attributed to a pre-existing Scheuermann's disease.
Mr Raad's compensation was reduced by 10 per cent for contributory negligence because he was running at the time of the accident.
