Negligence – Duty of care – Employer and employee – Safe system of work – Suitable plant and equipment – Employee injured when attempting to stand on moveable platform while loading a truck – Platform not in position – Employee stepped backwards onto platform in belief it was raised – Absence of warning beeper – Absence of oral warning – Whether employer failed to devise and implement a safe system of work – Whether employer failed to provide suitable plant and equipment.
Negligence – Contributory negligence – Employee injured when attempting to stand on moveable platform while loading a truck – Platform not in position – Employee stepped backwards onto platform in belief it was raised – Whether employee should have looked behind him before stepping backwards.
Judgment date
Case number
P44/2004
Before
Gleeson CJ, McHugh, Hayne, Callinan, Heydon JJ
Catchwords