Contracting Out of Liability For Negligence

Samways v WorkCover Queensland & Ors [2010] QSC 127

The Queensland Supreme Court has affirmed that an appropriately worded contractual indemnity is adequate to effectively transfer liability in negligence from a tortfeasor to the party granting the indemnity.

Background

Scott Samways injured his shoulder when he walked into the raised bucket of a bobcat at a construction site. The bobcat was not being operated at the time, and the bobcat and bucket were stationary. The bucket had been left in a raised position because a hydraulic hose that governed the tilting of the bucket had failed. However, at the time that the incident occurred, the hydraulic hose had been repaired and the bucket could have been lowered.