epar: Volunteer sues Club for $1M burn injury
A club volunteer has sued his bowls club for negligence after hot fat poured over his hand whilst he was barbecuing. He successfully claimed the club was negligent and breached its duty of care to him.
The volunteer alleged the club failed to provide him with safe barbeque equipment with an adequate fat run-off collection system or any protective gear such as a heat-proof mitt, and fire safety equipment.
He also alleged the club failed to provide adequate instruction as to the use of the equipment he was required to use or instruction in fire prevention and fire extinguishing.
The Court heard that fat from a cup tipped onto his hand when the mug caught the lip of a bracket on the barbecue, severely burning his hand.
The outcome
His hand needed extensive medical treatment and couldn’t move freely, which impacted his ability to work. The Court awarded the volunteer a total of $1,074,880:-
- $679,000 for future loss of earnings
- $453,000 as part-loss of earnings,
- $80,000 in general damages,
- $40,000 in future medical expenses and
- $120,000 in past expenses,
- minus 15% due to the volunteer’s own “negligence” during the incident.
This 15% cent reduction was challenged by the bowls club in the Supreme Court where they argued it should be significantly reduced. This was rejected by The Supreme Court and the original award of $1,074,880 stands.
Duty of care
This decision is a reminder of the duty of care owed to volunteers and highlights the need to put safety procedures in place for all volunteer activities, and to take particular care with the setup and maintenance of potentially dangerous equipment, including barbeques.
To avoid similar outcomes, epar clubs to implement:
- Volunteer Induction
- Volunteer training in the use of PPE
- Provide volunteers with clear instructions and PPE
- Ask volunteers to complete the epar Take 3 Assessment before they start an activity. It takes 3 minutes.
- Conduct regular epar SAO’s (Safe Act Observations). They take no longer than 15 minutes.
Contact epar
If you have any questions please contact your epar support team any time. For more information, visit www.epar.com.au OR contact at info@epar.com.au.
