| Focus: |
Micallef v Endeavour Foundation [2013] QDC 142 |
| Services: |
Insurance |
| Industry Focus: |
Insurance |
Introduction
The decision in Micallef v Endeavour Foundation [2013]
QDC 142 demonstrates the need for an injury to fall within the
scope of a foreseeable risk in order to establish liability against
an employer.
Case
The plaintiff was a disability support worker employed by the
defendant. The plaintiff and a co-worker had taken two children to
a local swimming pool. After the children had exited the pool, the
plaintiff had re-entered the pool to retrieve grapes which one of
the children had thrown into the water. Both children were with her
co-worker outside the pool at this time. As the plaintiff was
resurfacing, one of the children jumped feet first on top of her,
causing the plaintiff to sustain injury to her neck.
