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Anonymous
Years ago

Netball SA sued for on-court collision

From personal experience as manager of a sports facility in NSW some years ago.

First week on the job, father and son hire a bowling machine, son has his go, Dad decides to step up to the plate (his Workcover statement admits inexperience, no skill, and fear). Who knows what happened - I suspect kid lets the ball go before Dad's ready or is picking up balls (kid was 12 and precluded from operating the machine). Short story - Dad gets sat on his arse with a mouthful of blood and some bruises. Dad is a laywer and lodges a claim through Workcover as well as through the courts.... for $750,000.

During the investigation I said to the Workcover guy why does the Dad, who admits not being up to it, not wear any responsibility - he said 'there's a fair bit of pride at stake with his son!' I did ask how proud he felt sitting there with a mouthful of blood.

Insurance company settled for $45K (without consultation with us) and put our insurance premiums up by $26K per annum. Workcover fined us 'only' $15K in light of the extensive mitigating work we had done post-injury (another $20K) and legals of $15K - all for what was in essence, a bruised jaw.

It's real and it happens (generally if the wrong person gets hurt - most of us would put ourtail between our legs and go home nurse our bruises). WorkCover AND the courts (at least in NSW).

Years ago

Do all "Anon's" look the same?

Years ago

Workcover from the umpires perspective

Years ago

I want to sue every local council for injuries suffered by stray skateboards at skateparks and small children in the way.

Years ago

The standard of infrastructure at courts in SA can be said to be woeful at the least.

Workcover have a massive unfunded liability and they are currently going through a round of litigation that will only seem to escalate over time. Workplace Services are under a lot of pressure to "shoot first, ask questions later" with a "let the courts work it out" approach.

There needs to be a minimum standard with respect to courts. Hazards located within a set distance from the playing surface need to be assessed and risks mitigated.

In the event of an accident, questions will be asked. Those questions relate to risk identification, risk assessment and risk control. In particular, what "reasonable steps" were taken to minimise the risk or eliminate the hazard.

Any player injured as a result of a ball entering their court from a neighbouring court can take civil action in the courts and expect a very good chance of a win. The question will be asked "where is your risk assessment?" No risk assessment? Expect to pay lots. With a risk assessment? Expect to pay less.

 

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Random name suggestion for anonymous posters: Vesta 41

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