Athlete acquires brain injury in collision with racing wheelchair – which case won?
An athlete had participated in multiple triathlon events leading up to a triathlon in Queensland. Due to poor weather conditions, the event was changed to a duathlon with a run, cycle, run format. The athlete was disappointed in this change because swimming was her strongest skill. Nevertheless, she chose to participate in the event.
The triathlon had able-bodied athletes competing on the same course with para-athletes. During the first leg of the event, the athlete heard yelling and swearing moments before being knocked to the ground by a para-athlete in a racing wheelchair.
She remembered the para-athlete ricocheting out of the wheelchair and hitting the ground, but little else. As a result of this event, the athlete suffered a brain injury and psychiatric injury, as well as some other relatively minor physical injuries.
“I wouldn’t have injured my back, but for my employer’s negligence.” Which case won?
A man worked as a truck driver from September 2011 until May 2014.
Periodically, he was assigned a truck with a defective seat. He drove this truck for six weeks in 2013 and again from early 2014 until 19 May 2014.
On that day, he informed his shift supervisor that his back was sore and they agreed that from the following shift he would drive a different truck with a fully functioning seat.
He consulted a GP on 29 May 2014, who noted that he had a ten day history of back spasms and also that the seat on the truck was broken.
On 30 May 2014, the GP certified the truck driver for a period of three and a half weeks off work.
“We have a zero tolerance drug and alcohol policy, so we don’t have to pay compensation for the worker’s injuries.” Which case won?
The plaintiff was the maintenance manager of a meat processing plant. He finished work at 3:30pm on a Friday, 12 June 2015, and met a friend at a hotel where they each had two schooners of mid-strength beer.
While driving home past his workplace at about 5pm, he noticed large plumes of steam venting from some large tanks due to a malfunctioning relief valve.
He phoned the boiler contractor, who told him that it was time-critical for him to find out which valve the leak was coming from before the steam ran out. This was so that the leak could be repaired on the weekend and the plant could open on Monday, as the tanks were essential to the processing.
What is “duty of care” if you are injured?
Did the employer’s negligence cause the sales assistant’s psychiatric injury? Which case won?
On 1 November 2015, the sales assistant was behind the counter at a jewellery shop performing her usual duties.
The jewellery shop was open to a public arcade within a shopping centre and customers could access the shop simply by walking from the arcade area into the shop area.
At approximately 2pm, a male assailant posing as a customer entered the shop and asked the sales assistant the price of a necklace in the display cabinet. The sales assistant replied that the price was $13,000.
The assailant then asked if that was the best price, prompting the sales assistant to remove the necklace from the display cabinet and scan it at a nearby cash register.
Was the doctor negligent for failing to identify meningitis symptoms? Which case won?
In early September 2008, a woman, who was then 43, began suffering from neck pain and headaches. She consulted a chiropractor, but the pain and headaches continued.
The woman consulted her GP due to worsening neck pain, severe headaches and facial flushing. The GP advised her to continue with chiropractic treatment and with the pain medication she was currently taking.
Lodging a successful compensation claim in Queensland: pitfalls to avoid
