Focus: O'Connell v 1st Class Security P/L
[2012] QDC 100
Services:
Insurance
Industry Focus:
Insurance
Introduction
In this case an employer was held vicariously liable for the
actions of a security officer/bouncer who broke the Plaintiff's
leg whilst 'assisting' police during his arrest. The
judgment discussed a number of issues, including whether a battery
had occurred and the statutory defences which exist for people who
injure others whilst helping police. However, this case note
focuses on the award of quantum given that no damages were awarded
for future economic loss.
Facts
The Plaintiff was a 24 year old backpacker at the time of the
incident, staying in a Brisbane backpacker's hostel. The
Plaintiff was drunk and angry about being evicted from his hostel
late at night. The Plaintiff remained outside the hostel and upset.
Police officers attended and issued a direction to the Plaintiff
