Case studies
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Plaintiff unsuccessful in proving liability in prison assault
Eastment v State of Queensland [2018] QCA 253 – Court of Appeal Brisbane The plaintiff, a former correctional officer, was assaulted by a prisoner on 8 March 2009. The plaintiff developed a significant psychiatric injury as a result of the event. Quantum was agreed and the matter proceeded as a liability only trial.
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Plaintiff unsuccessful in proving liability for slip on a grape
Deans v Maryborough Christian Education Foundation Ltd [2018] QDC 123, 25 July 2018. The plaintiff alleged that the risk of injury as a result of dropped fruit during the fruit break was a foreseeable risk which was not insignificant. The plaintiff also alleged that the employer breached its duty of care by failing to, amongst other things, have in place a system of inspection and cleaning of the foyer during the fruit break.
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Workplace assault involving issues of foreseeability and causation and the employer's knowledge
Colwell v Top Cut Foods Pty Ltd ACN 010 650 281 [2018] QDC, 27 June 2018. The Plaintiff alleged that preceding events put the employer on notice of a possible assault which then imposed a duty of care on the employer to implement preventative measures to prevent the foreseeable risk.
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Horseplay not to be tolerated in the workplace
Goran Cincovic v Blenners Transport Pty Ltd, Supreme Court of Queensland [2017] QSC 320, 20 December 2017. Employers need to ensure there are clear directions in the workplace, not to engage in activities which pose a foreseeable risk of injury.
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Is an employer liable for the criminal act of a third party?
Adlington v Dominos Pizza Enterprises Limited [2016] QDC 84, 15 April 2016. Employers need to assess the possible safety risk from third parties and take appropriate measures to protect their employees.
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How far are courts prepared to go with social media and bullying
Robinson v Lorna Jane Pty Ltd [2017] QDC 266, 3 November 2017. In this case, the Court ordered the Plaintiff to disclose facebook material, which completely destroyed the Plaintiff's credibility.
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Contributory negligence by worker and exaggeration lead to reduction in damages
Kennedy v Queensland Alumina [2015] QSC 317, 18 November 2015. The employer was found to be liable for injuries suffered by a worker, but found the worker had contributed to those injuries through his own negligence.