Contributory negligence: How a worker's secret back injury cost him his case

The District Court dismissed a claim by a worker who sustained a back injury, finding that his failure to disclose a pre-existing condition and undertake suitable work constituted contributory negligence.

In issue

• Whether the defendant breached its duty of care by failing to provide a stair-climbing trolley and adequate assistance, causing the plaintiff's back injury, and whether the plaintiff knew or ought reasonably to have known at the time he took up employment with the defendant that he was not fit to perform the duties required.

The background

The plaintiff was employed part-time by the defendant, which operated a Harvey Norman store in Dalby. His role included delivering white-goods to customers. While delivering a 137-kilogram refrigerator using a flat free trolley, assisted by a co-worker (who was six-month pregnant at the time), the plaintiff sustained a soft tissue back injury. The defendant provided the flat free trolley with straps, which