Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 3 August 2019.
Jason is a self-employed brick cleaner. He owns a ute and all the tools required to complete his work, including a generator needed to power the hose for spraying bricks with hydrochloric acid.
While lifting the generator into his ute, Jason injures his lumbar spine and requires physiotherapy for twelve months. He initially ceases work but slowly returns over the twelve-month period.
Six weeks after Jason returns to full-time work, he is contracted by Gary on the construction of a two-storey house. While working on scaffolding in the early morning, Jason loses his balance and falls 4.5 metres to the ground, landing on a pile of bricks. There are no witnesses to the fall.
Jason is rushed to hospital. His injuries include fractures to his right arm and ribs and a laceration to his head. Over the next several years, Jason has three lumbar spine operations and develops a psychiatric condition as a result of the ordeal.
Jason commences proceedings against Gary claiming he failed to prevent Jason working on scaffolding that he knew or ought to have known was unsafe and dangerous. Jason gives evidence that the scaffolding was shaky and unstable due to it not being erected property. Jason’s claim includes damages relating to his lumbar spine injury and resulting psychiatric condition.
After considering expert liability evidence, the Court finds the scaffolding was unsafe and that Gary is liable for Jason’s injuries resulting from the fall.
The Court then considers the ample clinical evidence of Jason’s pre-existing back injury and his resulting state of mind. It ultimately finds that the fall materially contributed to Jason’s spine and psychiatric injuries. Jason is awarded damages in excess of $1 million.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
