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The Facts
Construction worker stabbed by coworker's knife
A case in Queensland revolved around the question of whether a man was negligent when he accidentally injured his colleague with a knife.
A construction worker was walking along a footpath adjacent to a building site, returning at the end of lunchbreak from his parked car, when he suddenly felt a shooting pain his hand and realised he had been stabbed by his coworker's knife.
At the time of the incident, the coworker was on his lunchbreak on a grassed area immediately adjacent to the site, as there was no designated eating area. Workers frequently traversed this grassed area.
The coworker had been crouching down, peeling an orange with a long, sharp knife that he used on the site to remove and replace asphalt.
Just as he stood up from his crouched position while still holding the unsheathed knife, the construction worker walked past.
Without any intention to do so, the coworker stabbed the construction worker in his left hand.
The construction worker suffered damage to nerves in two of his fingers, tendons in one of them and arteries in another. He developed ongoing symptoms which impaired his ability to participate in many former activities, and he developed major depression.
Construction worker sues for negligence
The construction worker commenced proceedings in the Supreme Court of Queensland against the coworker's employer (they were employed by different entities).
He claimed damages for personal injury, arguing that the coworker was negligent and his employer was vicariously liable for that negligence.
The trial judge dismissed the claim, finding that there had been no negligence.
The construction worker appealed to the Queensland Court of Appeal.
On appeal, it was accepted that if the employee was found to be negligent, then the employer was vicariously liable.
CASE AThe case for the injured construction worker |
CASE BThe case for the employer |
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So, which case won?
Cast your judgment below to find out
Phil Griffin
Workers compensation
Stacks Law Firm
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