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  • Hospital found not negligent

    Hyde v State of Queensland [2013] QDC 268 24 October 2013 The plaintiff failed to establish any negligence or breach of contractual obligation on the part of the defendant, in the case of an angina episode relating to a pre-existing condition.

    1 July 2015

  • General induction not enough

    Brunker v Consolidated Meat Group, 29 August 2010. This case study is about a slicer employed at a Rockhampton meatworks that demonstrates employers must give task specific instructions and directions and must provide more than a 'general induction'.

    1 July 2015

  • Failure to establish negligence

    Schonell v Laspina, Trabucco & Co Pty Ltd [2013] 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.

    1 July 2015

  • Future earnings capacity debated

    Simmons v Wanless & another [2014] 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.

    1 July 2015

  • Discharging duty of care

    Caine v Bunnings Group Limited [2012] 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.

    1 July 2015

  • No alternative system established

    Williams v Riviera Marine [2013] QDC 306. The worker suffered a shoulder injury while working on wiring in a small locker onboard a boat.

    1 July 2015

  • Worker's fall did not cause consequential symptoms

    Beardmore v Crown Equipment Pty Ltd [2012] QDC, 3 October 2012. This is a case where the court found there was a fall at work, there was negligence but the fall did not cause consequential symptoms.

    1 July 2015

  • More rigorous system not required

    Morton v Ivor Fritz Removals [2013] QDC 293. Worker injured his knee when he was moving furniture.

    1 July 2015

  • Employers need to enforce workers to wear PPE

    Tomkins v Kemp Meats Pty Ltd [2013] 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.

    1 July 2015

  • 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.

    1 July 2015

  • 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.

    1 July 2015

  • Liability for back pain after injury

    Snell v BP Refiner (Bulwer Island) [2013] QSC 284 14 October 2013. Worker sustained an injury when he fell into a trench.

    1 July 2015