Case studies
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Corrective Services Officer fails in claim relating to unprovoked prisoner assault
Mr Corbin, a corrective services officer, was assaulted by prisoner X on 10 October 2013 resulting in him suffering a number of injuries including a head injury. Mr Corbin had earlier asked prisoner X to smoke outside but he persisted. The attack occurred shortly after Mr Corbin re-approached the prisoner, without another officer, to again ask him to stop smoking. Without warning, prisoner X struck Mr Corbin several times in the head.
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Plaintiff awarded damages after Q-fever diagnosis
A 57 year old supervisor/carpenter working on a school farm was diagnosed with Q-Fever in January 2012, that has since developed into Q-Fever Debility Syndrome. The worker, who has been unable to return to work, claimed damages from his employer and from the State of Queensland as the controller of the school/school farm.
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Employers have a duty to train and instruct workers on safe truck exiting
Kelleher v J & A Accessories Pty Ltd [2018] QSC 227 - Brisbane Supreme Court. The Plaintiff was a 45 year old sales representative / delivery driver who alleged he sustained lower back and psychiatric injuries as a result of repetitively lifting vehicle batteries weighing over 20kg between 2012 and 2013; and exiting from the cabin of an Isuzu NPR 300 truck on 21 August 2013.
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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.