A WOMAN who impaled herself on a picket fence when she fell while urinating from an unprotected veranda has sued her former fiance for substantial damages.
In a Supreme Court writ, Michelle Egglestone of South Ballarat claims that the veranda at the house in Smythes Creek was constructed without any or with inadequate ballustrading and this caused her to fall a small distance to the star picket fence below.
Ms Egglestone, 35, sustained “penetrative injuries to the rectum, vagina and bladder necessitating surgical treatment involving laparotomy, repair of the bladder, repair of the vault of the vagina and colostomy”, according to her statement of claim.
“The plaintiff sustained injury at the premises whilst she was urinating from the veranda which was inadequately lit,” it says.
She had sued Leslie Furness, saying that he failed to ensure the veranda complied with the building codes, failed to ensure the star pickets underneath had protective capping to minimise the risk of anyone “coming into contact with them”.
She said Mr Furness was the owner and occupier of the house and owed her a duty of care.
Ms Furness said the pelvic and lower abdominal injuries left her with scarring, depression and anxiety and post traumatic stress disorder and nightmares.
Her statement of claim says that her injuries while urinating were “a danger which could have been avoided with reasonable care on behalf of the defendant”.
Ms Egglestone says at the time of the incident on November 1, 2008 she was employed part-time by Val Pied shoes in Ballarat and lost income as a result of her injuries.
No defence has yet been filed.