“The Ferris wheel accident was due to the council’s negligence and left me with psychiatric injuries.” Which case won?
Declaration of interest: the author and Stacks Law Firm acted for the plaintiff in this case.
Was the employee who failed to follow her employer’s instructions to blame for her own injuries? Which case won?
In 1974 a woman secured an office job in a large Australian organisation. Her duties required her to perform typing work on a coding machine.
She was provided with a metal chair that had a padded seat, a backrest and a left-sided armrest, but not a right-sided armrest. The employee’s keyboard was positioned at lower than elbow height on her right-hand side, thereby causing the woman’s posture to bend to the right.
The employee had been trained to perform around 10,000 keystrokes per hour. She worked at her own speed and her job was very repetitive.
The employee had an option of moving the keyboard to a higher position and her employer had told her to do this, but she ignored her employer’s instructions and kept using the keyboard in a way which ultimately led to the injuries.