A Sydney man who was critically injured when railing he was leaning on gave way has died in hospital.
Francis Hutchen, 92, tumbled three metres down a rock wall outside his Malabar home after resting on the rotting fence in May.
WATCH THE VIDEO ABOVE: Family of late elderly man to sue Sydney local council.
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During his three weeks in hospital, the former prison officer suffered two strokes and his body was paralysed. His family could do little to help.
“We watched him suffer the entire time until his last breath,” his grandson Jon Hutchen told 7NEWS
The condition of the wood had been reported to Randwick City Council, but only some parts had been patched up.
Jon Hutchen said the family was “out for f****** blood”.
“We have all been robbed because of what has happened,” he said.
The family has vowed to sue Randwick council, saying they’re not taking action for money.
“We are going for responsibility,” Jon Hutchen said.
Shine Lawyers’ personal injury claims specialist Christopher Slan says the family may have a case if the council was aware of the damage to the fence but did not take appropriate steps to fix it.
Randwick City Council said Francis was a long-time resident and his accident was incredibly sad.
His death has prompted the mayor to prioritise inspections of all similar handrails in its area.
It also confirmed the fence will soon be replaced but for now, the railing, including the old wood, has been reinforced.
No matter what they say or what they offer, they can’t bring him back,” Jon Hutchen said.
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