Showing 109-120 of 130 results with 1 filter
Failure to establish negligence
Schonell v Laspina, Trabucco & Co Pty Ltd  QSC 90, 11 April 2013. This case looked at the principle that when considering what reasonable measures employers should adopt to avoid a foreseeable risk of injury, the test should not be considered with the benefit of hindsight, but rather looking forward to identify what response should have been made.
Future earnings capacity debated
Simmons v Wanless & another  QDC 13 February 2014. In this case, liability was not disputed, but the issue that was contested was the extent of the worker’s future earnings capacity.
Discharging duty of care
Caine v Bunnings Group Limited  QDC, 4 September 2012. This is a case where the court found that the employer had discharged its duty of care by providing an adequate system of work, training and instruction.
No alternative system established
Williams v Riviera Marine  QDC 306. The worker suffered a shoulder injury while working on wiring in a small locker onboard a boat.
More rigorous system not required
Morton v Ivor Fritz Removals  QDC 293. Worker injured his knee when he was moving furniture.
Employers need to enforce workers to wear PPE
Tomkins v Kemp Meats Pty Ltd  QDC 184 17 July 2013. For employers, the case serves as an important reminder on the need to enforce the requirement for workers to wear personal protective equipment.
Prior injuries and future economic loss
Symons v The Haggarty Group Pty Ltd, 23 March 2011. This case study highlights how the court may consider if there was a reasonable way the employer could have avoided the risk of injury, and how this may affect the outcome.
A foreseeable risk
Schmidt v S J Sanders Pty Ltd, 22 June 2012. This case highlights the need that even experienced truck drivers need to be specifically trained in egress and access of trucks due to the foreseeable risk of slipping off a truck step.
Liability for back pain after injury
Snell v BP Refiner (Bulwer Island)  QSC 284 14 October 2013. Worker sustained an injury when he fell into a trench.
Credibility suffers from highly inflated claim
Test v Forgacs Engineering Pty Ltd  QDC 318, 24 October 2012. This case was decided on credibility, where the evidence of the defendant’s witnesses was preferred to that of the Plaintiff.
Employer has duty to provide task rotation
Ataera v Thomas Borthwick  20 December 2013. A doctor stated that had risk management been performed diligently it is entirely likely that the plaintiff would not have sustained injury.