Event and Time
Event Description
On 27 February 2019, Gary Burnett suffered serious injuries during his work on a construction site operated by Manhattan Homes Pty Ltd in Greenhills Beach. While carrying tiles from an upstairs bathroom to the ground floor, Mr. Burnett stepped onto temporary flooring over a staircase void, which collapsed, leading to a fall that caused extensive injuries, including a traumatic spinal cord injury, poly-trauma, a traumatic brain injury, and severe sleep apnea.
Application and Claims
Mr. Burnett initiated a negligence claim against Manhattan, asserting their responsibility for the unsafe conditions that led to his fall. Manhattan, as the principal contractor, argued a failure on Mr. Burnett’s part due to contributory negligence, claiming he was aware of the unsupported boards but acted with inadvertence. A cross-claim was also filed against Griswold’s Outdoor Xmas Pty Ltd, Mr. Burnett's employer, for contribution towards liability for the injury.
Judicial Decisions
The primary judge found both Manhattan and Griswold’s liable for Mr. Burnett's injuries, apportioning liability at 80% (Manhattan) and 20% (Griswold’s). The judge ruled that Mr. Burnett was not contributorily negligent, determining his actions resulted from inadvertence rather than negligence. The judge awarded damages totaling $2,234,467.73 to Mr. Burnett, which includes compensation for non-economic losses assessed at 45% of a most extreme case and significant future care costs.
Dispute Points and Legal Basis
Dispute Points
- Contributory Negligence: Manhattan argued that Mr. Burnett was aware of the unsafe condition (unsupported boards) and failed to take necessary precautions, suggesting at least 50% should be deducted from any compensation awarded for contributory negligence.
- Earning Capacity: Manhattan contested the judge's finding that Mr. Burnett had no residual earning capacity, arguing evidence showed he could return to work in some capacity.