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Law Case alert!
A fall from a top bunk creates a $853,396 migraine!
The award On 26 June 2009, the Supreme Court of NSW
awarded $853,396 to compensate a child for brain damage,
medical expenses and future loss of earnings caused by
falling from the top bunk of a bunk bed in a private home.
The decision was reported as Thomas v Shaw [2009] NSWSC 510.
The facts On 23 April 2004, Cameron Thomas (aged 10)
was staying at his friend’s house (the Shaws’ house). He was
sitting in the top bunk, legs over the side. He decided to
slide down, he put one foot on a chest of drawers, he
slipped and landed face down on the floor, fracturing his
skull. The floor was a carpeted concrete slab. When
purchased in 1997 the bunk bed had a tubular steel ladder
and a guardrail, but the parents had removed them both about
a year after purchase ‘because the steel ladder was slippery
and the bolts of the guardrail had stripped out of the
framework’. Therefore Cameron had no safe way of getting out
of the top bunk, because 2 points for hand and feet grip had
been removed.
The law An occupier of premises is responsible for
the safety of visitors and guests. This is known at law as a
‘duty of care to take precautions against a risk of harm’
and a breach results in a civil liability to pay
compensation. In this case the absence of the ladder and
guardrail meant that the bed did not comply with
Australian/New Zealand Standard 4220, and therefore there
was a breach of the duty of care. Fortunately the Shaws had
public liability insurance, the insurer defended the claim
and will pay the compensation awarded.
The lessons for backpacker operators
- Bunk beds must comply with safety standards (ladder
and guardrail essential)
- Display a sign warning ‘Take Care when climbing in
or out of top bunks’
- Use a soft underlay to carpets/ floor coverings in
bed areas to cushion falls
- If an injury occurs, it will be covered by
insurance. But a claim will mean that insurance premiums
in the following years will increase with a ‘claims
loading’, often of thousands of dollars
- If an injury occurs, take a written statement from
each person who witnessed the accident, photographs, and
a video. And ensure the injured person receives
immediate medical treatment, for even the most minor
injury. Keep this material in a safe place.
As published in the Backpackers Trade Magazine |
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