Scott Samways v WorkCover Queensland and De Luca Properties and Lynsha [2010] QSC 127

This single judge (Applegarth J) decision of the Queensland Supreme Court concerns the commonly encountered considerations of duty of care and liability of those working on a construction site, as well as the application of a contractual indemnity between the principal contractor and a subcontractor.

The plaintiff was injured on 6 December 2005 when he walked into the raised bucket of a bobcat. He was a concreter, employed by the first defendant. He had been instructed by his supervisor to locate and retrieve some conduit pipe on the ground. A bobcat was parked close to where the plaintiff and others were preparing the concrete slab for pouring. He did not notice the raised bucket of the bobcat and he walked into it, injuring his left shoulder.