SIX INTERESTING CLAIMS FROM AUSTRALIA

SIX INTERESTING LEGAL CLAIMS east coast LAWYERS FROM AUSTRALIA DRINK DRIVER OR TRUCK IN THE MIDDLE 1 2. MY WORKPLACE MADE ME SELL DRUGS! OF THE ROAD? The defendant parked a truck in the middle of the road in order to unload items into a shop early in the morning. A worker was injured when he fell down a railway embankment because it was dark and the torch he was given by his employer was not working. He received workers compensation but started worrying about how he would support his family. The plaintiff was drunk and speeding down the road, hit the truck and suffered physical injuries. The issue was who was at fault for the injury? Was it the drunk driver or the trucker who parked in the middle of the road? The solution? Grow and sell marijuana. He was caught and sent to jail. He then sued his employer and argued that the employer's negligence caused the imprisonment. The courts apportioned liability at 70% fault for the plaintiff and 30% fault for the defendant. The courts held that as a matter of common sense, the imprisonment was not caused by the employer's negligence. The worker could not prove that the defendant caused him to engage in illegal activity. March v (E & M) Stramare Pty Ltd (1991) 171 CLR 506 State Rail Authority v Wiegold (1991) 25 NSWLR 500 IT'S COMING RIGHT FOR US! 4 NEVER DIVE IN UNKNOWN WATERS Four friends from Sydney went to spotlight kangaroos after downing 'a couple of beers' One of the friends accidentally shot another in the leg despite being told not to come into the vehicle with a loaded gun. The plaintiff dove heard first from a wharf at Dolls Point (managed by the defendant). However, he didn't know how shallow the water was and struck his head on the The defendant was liable for damages because the court seabed and suffered cervical spine injuries. held that there was no obvious risk that materialized to allow for the dangerous recreational activity defence. He sued the Council saying they were negligent for failing to warn of the dangers of diving off the wharf. The defendant won. The courts held that the plaintiff should have known that diving into water with an unknown depth was an obvious risk to a reasonable person. Further, the activity was considered a dangerous recreational activity. Fallas v Mourlas [2006] NSWCA 32 Jaber v Rockdale City Council [2008] NSWCA 98 KEEP YOUR HANDS TO YOURSELF! IS A WORK TRIP ONE NIGHT STAND A group of fellow truck drivers were left waiting for 18 hours when a tanker was delayed by the employer, JR Perry. During this time, one of the truckers, Jones, started horseplay by striking the plaintiff, Blake, on the back of the knees causing a fall and severe back injuries. ELIGIBLE FOR WORKERS COMPENSATION? A female public servant was on a work trip and had sex in a motel booked by her employer. The session was so passionate that it caused a light fitting to dislodge and The plaintiff argued that the workplace was vicariously liable for the injury because it would have never occurred but for the boredom suffered by Jones, therefore causing him to play the practical joke on the plaintiff. fall on her face. She claimed workers compensation, which was ultimately denied because the incident happened after work hours. The courts held that there was no vicarious liability in this case. One reason was because the employee's state of mind was irrelevant. Blake v JR Perry Nominees PTY Ltd [2012] VSCA 122 Comcare v PVYW [2013] HCA 41