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No proper system of inspection

Gilmour v State of Queensland [2013] QDC 199

Dorney DCJ

6 September 2013

Background

The injured worker fractured her ankle when she tripped in a crack whilst using a pedestrian crossing on school grounds. She was supervising many students and there were people moving in both directions across the crossing.

Judgement

The court found there was not a proper system of inspection. If a proper inspection had occurred it would have identified the risk in time for it to be repaired.

The plaintiff won and was awarded $241 000.