WA Can I request cctv of my daughters accident?

[Samantha Jane]

my daughter fell and injured herself at a trampoline play centre. She fell on a metal bar that was exposed because the padding was not secured. we have requested the play centre to compensate her for medical expenses. they advised that they have viewed the footage and that it is clear in the footage that the padding was secured and that it meets olympic standards and is inspected daily. we requested to see the footage and they have now responded that they won't provide it as they are not legally compelled to do so and that as an act of goodwill but not admitting liability they will pay her $500 to compensate her as she is a Uni Student. Her injuries are so significant that she will be unable to drive for 3 months and needs extensive physio and rehab to fix her arm. Can we insist on seeing the footage? we did speak to a personal injury lawyer when this first happened but the advice we were given was that it would be a long drawn out case and any compensation would be eaten up by legal fees. we are not being greedy here I just want her to have enough to pay for her medical fees.

 

[Lance]

Hi Samantha,
The advice given by the personal injury lawyer could be correct. It all depends on how bad the injury is and the amount of compensation sought. If you are trying to get a few thousand dollars it might not be worth it, but if your daughter has extensive spinal injuries that could have life long impacts, then it might be worth pursing. The other thing is, are you sure the video shows anything of value. The trampoline centre may be saying the padding is secured because it might be too hard to tell, due to quality of the recording. I have to assume the personal injury lawyer has said it probably isn't worth it based on all the facts and they are trying to save you going through a drawn out process for little to no real gain.