Case studies
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Plaintiff failed to prove any breach of duty
This is an important decision for any organisation providing social work services, although particularly in residential care situations.
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Print machine operator fails to establish employer liability in hand injury claim
Nemet v Hally Labels Pty Limited [2025] QDC. The Plaintiff in this case failed to establish that the defendant had breached its duty of care, and her claim was dismissed.
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Judgement ruled in favour of Plaintiff in PTSD case
The Plaintiff was a 27-year-old former aged care worker, who suffered post-traumatic stress disorder as a result of a sexual assault at work in 2019.
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Plaintiff alleged the absence of proper training led to inability to assess and mitigate risks
Ritchie James Edward Lowe v Greenmountain Food Processing Pty Ltd [2024] QDC 204. The Plaintiff failed to establish any negligence or insufficient training by the defendant, and his case and the claim was dismissed.
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Principal contractor held to not be liable
The worker brought an action in negligence to recover damages from the defendants in respect of personal injuries he says he sustained whilst working as a concreter.
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Utility worker claimed negligence against her employer for requiring her to perform her normal duties over a period of 6 months
The Plaintiff alleged she suffered bilateral tennis elbow injuries as a result of her work as a kitchen utility worker over a period of time. She did not suffer any “accident” and simply says the forceful and repetitive nature of her duties caused her injury.
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Contributory negligence found against Plaintiff for left shoulder injury
Contributory negligence was found against the Plaintiff for the injuries she suffered when her left arm became caught between the mattress and the end of the bed.
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Employer found to have breached duty of care to concrete delivery driver
On 26 July 20218 the Plaintiff, a concrete delivery driver, suffered a left wrist and secondary psychiatric injury.
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Employer found liable for ankle injury
The plaintiff suffered an injury to her right ankle and a psychological injury when she stepped on a Lego block and rolled her ankle whilst removing an A-Frame obstacle course from a storage shed on 29 August 2017.
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Employer found liable for a lumbar spine injury
The plaintiff suffered an injury to her lumbar spine while lifting a load from a low pallet to a sheft on 28 April 2019.