Xanadu Playcentre: Abdul Qayom wins compensation after falling from broken equipment
A father who injured his spine after falling from faulty play equipment while trying to rescue his daughter at a Hallam play centre has been awarded more than $1 million in damages.
South East
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A father who injured his spine after falling from faulty play equipment while trying to rescue his daughter at a Hallam play centre has been awarded more than $1 million in damages.
Abdul Qayom was at Xanadu Playcentre & Café with his wife and two daughters in November 2014 when one of his daughters became stuck in a section of the play equipment.
Mr Qayom sought help from the reception but the attendant was occupied with other patrons.
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Having read signs attached to the play equipment advising patrons for “parents or guardians to accompany children at all times”, Mr Qayom climbed up to rescue his daughter.
He stepped onto the platform but it gave way without warning and he tumbled 3.5m to the concrete floor below.
Xanadu staff and Mr Qayom’s wife rushed over to find her husband short of breath and in pain lying on the ground.
The Victorian County Court heard how a staff member apologised to Mrs Qayom.
“Sorry about this,” the staff member said.
“Actually, we told the owner to fix it and unfortunately he didn’t and I’m so sorry about that, about you fell.”
The court also heard the same staff member mentioned the day before another person had fallen from the same platform.
An ambulance was called and Mr Qayom was taken to Monash Hospital.
He suffered injuries to his back, neck and shoulders and has been in constant pain ever since.
Mr Qayom also suffers psychological issues because he has barely been able to work since the fall.
The play centre, which is now known as Pixel Playcentre, was run by husband and wife team Brad and Kate Dickinson between 2007 and 2014.
Mrs Dickinson was the manager at the time of the incident but wasn’t present when Mr Qayom fell.
She emailed Mr Qayom offering to help with his compensation claim.
However, she denied this in court despite the emails presented as evidence.
Mrs Dickinson also said Mr Qayom had made up the story about how someone fell from the platform the day before but her claim was also dismissed.
She said her husband repaired the platform after the fall but could not say how this was achieved.
The matter was resolved last month when Mr Qayom won his legal costs after earlier winning damages of $1,372,233.80.
Judge Jeanette Morrish said Mr Qayom suffered with ongoing constant pain.
“He has suffered, and will continue to suffer, a loss of enjoyment of life,” she said.
“His income earning capacity has been destroyed.
“He will require medical treatment and incur associated costs and expenses most likely for the rest of his life.”
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