Daypack Pty Ltd v Burns [2003] NSWCA 83

Daypack Pty Ltd v Burns [2003] NSWCA 83

There was a foreseeable risk of injury arising from the system of work that required the plaintiff to remove tightly packed boxes from under a bench, which involved awkward movements and exertion. Reasonable and simple precautions (such as storing boxes beside the bench) could have avoided the risk. The trial judge was not in error finding a breach of duty of care by the employer.

Jurisdiction
Australia
Judgment Date
17 April 2003
Procedural Posture
Appeal / Appeal From District Court on Liability Only
Outcome
Appeal dismissed with costs.
Legal Topics
["employer's Duty of Care" 'negligence' 'foreseeable Risk' 'safe System of Work']
['tort Law' 'personal Injury' 'employment Law'] ["employer's Duty of Care" 'negligence' 'foreseeable Risk' 'safe System of Work']

Case Brief

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Procedural Posture

Appeal / Appeal From District Court on Liability Only

Legal Issues

  1. 1 ['Whether the defendant employer breached its duty of care by requiring the plaintiff to retrieve boxes stored under a bench in a manner which led to injury' 'Whether the risk of injury was reasonably foreseeable' 'Whether an alternative, safer system of work was available']

Ratio Decidendi

There was a foreseeable risk of injury arising from the system of work that required the plaintiff to remove tightly packed boxes from under a bench, which involved awkward movements and exertion. Reasonable and simple precautions (such as storing boxes beside the bench) could have avoided the risk. The trial judge was not in error finding a breach of duty of care by the employer.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed.' "Appellant to pay the respondent's costs."]