OK, Julia and Gav know my husband broke his elbow while visiting Melbourne a few days ago. A really bad break of the radial bone and the head of the bone was smashed off. It required surgery in Melbourne, and a replacement of the head. 10 days later and still in extreme pain; likely disability in being unable to straighten his arm, (thank god a left arm) and being unable to play golf etc (of course he is a health nut and regularly goes to the gym and bought himself a new set of golf clubs just before Christmas.) And as a self employed person, we are facing business costs as his ability to work is greatly impaired at the moment. It wont ruin us by any stretch but in these days it is a significant cost, let alone rehab for 18 months according to the surgeon.
Now, he tripped over a kerb in the middle of the road while crossing Collins Street in the CBD. It was at night time, and unfortunately didnt take photos while we were there (I think we were in a little bit of shock) but I got the impression that it was a dark grey kerb (not the white concrete/white painted) kerb boundary, set in the middle of the road just before the tram stop.
We are not 'sue people' but if a fit and healthy man can sustain such a bad injury from tripping over this kerb, what about an older more frail person. He didnt cross with the pedestrian crossing about 20 metres away (I know, his bad!) but is there anyway in which the council bares any liability for poorly marked kerbs in the middle of the road?
It was well after/before the tram stop (depending on which direction you are going) but extended from it, so you wouldnt, as a pedestrian, be expecting something in the middle of the road.