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Australia: Decision on evidence of injury at work

  • On 22 February 2024, the Supreme Court of New South Wales dismissed a negligence claim in a workplace slip incident.
  • The Court found that the company had taken reasonable precautions to ensure safety and that there was insufficient evidence to prove that the accident resulted from their negligence. This emphasizes the importance of evidence in establishing negligence and the inherent safety of workplace conditions.

Anthony Macari, employed through a labour-hire company, claimed to have slipped on wet stairs at Snack Brands' factory, resulting in injuries. He attributed the slip to the presence of starchy water from a potato hopper and the inadequate extension of handrails.

The company denied most allegations, arguing that they had taken reasonable precautions, the steps were designed to be non-slip and were regularly used without prior incidents.

The Court found no substantial evidence proving that the steps were inherently unsafe or that starchy water caused the slip. Additionally, Macari's inconsistent testimonies and lack of credible evidence regarding the hazardous condition of the steps led the Court to conclude that the accident was not a result of the defendant's negligence.

The Court also found that Macari had residual earning capacity by examining medical reports and testimonies. Despite his injuries, he was deemed fit for other types of work, especially considering his extensive experience in the pharmaceutical industry.

For employers, the case highlights the importance of maintaining safe work environments and thorough documentation to defend against potential liability claims. If reasonable precautions are documented, not all incidents will result in employer liability.

Employers must ensure that their premises are safe and that potential hazards are addressed promptly. Regular maintenance and inspections are crucial to mitigate risks.

In the event of an incident, thorough documentation and prompt reporting can be critical in defending against negligence claims. Employers should maintain detailed records of safety measures, such as regular maintenance and inspections, and any incidents that occur, including the steps taken to address them.

Finally, they should know the legal standards for occupiers' liability and ensure compliance with safety regulations. Knowledge of these standards can help defend against claims and demonstrate that reasonable precautions were taken.