Port Sorell Bowls Club volunteer gets $1 million damages payout after barbecue fat fire burn

Kraig Anthony Dann, 49, successfully sued the club in the Supreme Court over negligence and failing in its duty of care in relation to the incident on November 17, 2015.

Mr Dann was described variously as the "life of the party" and a well-respected member of the community with a successful career in recruitment, but the trial heard evidence of how the serious injury turned his life around.

He had volunteered to cook sausages at a barefoot bowls night when the four-burner Garth gas barbecue suddenly caught fire, and remained on fire after the gas was switched off, with flames dripping down.

Mr Dann noticed a ceramic cup sitting on an angle touching the gas burner with hot fat bubbling out of it on fire. Fearing an explosion and with the fire at head-height for nearby children, he attempted to move the mug, but it became jammed against a burner. It then caught on a fold of the bracket and hot fat went across his hand.

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He managed to place the cup on the ground and attempted to ease the burn with cold water, but by the time he made it home, the pain was unbearable and an ambulance was called.

During the trial, the bowls club disputed the extent of the barbecue fire and questioned the wisdom of Mr Dann's response, claiming he could have instead cleared the area of people and found a fire extinguisher.

But Justice Helen Wood found that Mr Dann was not made aware of the extinguishers, which were also "not obviously placed". Mr Dann had not been told of the ceramic mug, the need to replace the fat catching device and was not given oven mitts or heat-proof gloves.

"The plaintiff was provided with a barbecue that was lit and ready for use. He was not told about the ceramic mug and the method used to collect fat," Justice Wood said in the judgment.

"The method involving the mug was completely flawed. It was in very close proximity to the burners and the top of the mug was above the height of the burners. If it filled with fat and overflowed it was highly likely that it would catch fire. The plaintiff was not instructed what to do in the event of a fire."

Carpal tunnel surgery in 2017 failed to result in improvements in terms of pain and movement.

The burned area also has increased vulnerability to various types of injury. He can no longer close his hand, it swells in the heat and he has no feeling on the back of his fingers. Mr Dann experiences pain and aching every day.

His mental health had also suffered a significant hit as a result of the injury, the court accepted.

The same month as the injury, Mr Dann had accepted a position with Baytech to provide recruitment to Glaxo's Latrobe poppy farm where he would receive a salary of $105,000, to start on November 23. This was terminated when he told the company about his injury as it was a requirement that he "organise workers urgently", which could no longer occur.

He also could not return to work for his own company, D & D Investments, due to his inability to get onto work sites. He has not been able to work since.

Justice Wood calculated costs as $679,000 for future loss of earnings, $453,000 as part loss of earnings, $80,000 in general damages, $41,000 in future medical and pharmaceutical expenses and $12,000 in past medical expenses.

This amount was reduced 15 per cent due to Mr Dann's "contributory negligence", resulting in a total of $1,074,881 in damages.

Mr Dann is seeking interest on this amount, which will be determined at a future date.