Port Sorell Bowls Club has lost an appeal challenging a $1 million compensation amount it must pay to a volunteer who suffered severe oil burns during a barbecue fire at the club in 2015.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The volunteer - Kraig Anthony Dann - also failed in his cross-appeal attempt to increase the amount, which had been reduced from $1.2 million in the initial Supreme Court decision due to his own "contributory negligence".
The incident occurred during a barefoot bowls event on November 17, 2015, when Mr Dann - a relatively new volunteer at the club - was asked to help cook sausages on a barbecue, which had already been lit.
The barbecue's operating manual stated that the drip can should be regularly cleaned, and warned against allowing a build-up of fats and greases.
A ceramic mug was being used to catch dripping fat, out-of-sight to Mr Dann, and it soon overflowed and the fat caught fire causing flames to shoot out.
Mr Dann told the court he saw flames dripping down from the barbecue as well, and was concerned for the safety of children in the area.
"Our main concern then was that if that cup fell over or exploded that there was going to be hot fat splash and there would be hot shards of glass that, you know, could damage kids," he said.
READ MORE: George Town doctor reaches 40-year milestone
Mr Dann attempted to move the mug but it became jammed against a burner, caught on a fold of the bracket and spilled hot fat across his hand. His injuries were long-term - surgery failed to result in much improvement to his levels of pain and movement - and his mental health deteriorated over the coming years.
He was also unable to start a new job in the following weeks.
The compensation was broken down into $679,000 for future loss of earnings, $453,000 as part-loss of earnings, $80,000 in general damages, $40,000 in future medial expenses and $120,000 in past expenses, minus 15 per cent due to Mr Dann's own "negligence" during the incident.
This 15 per cent reduction was challenged by the bowls club, which argued it should be reduced further.
READ MORE: Evading police costly for delivery driver
The club also argued that the damages amount was too high because it should not have included Mr Dann's loss of the right to use his future employer's vehicle, and that it had ignored the Medicare levy.
But the full bench of the Supreme Court upheld the original decision, finding there was no error of law.
Justice Robert Pearce found that Mr Dann - in agreeing to operate the barbecue - did not have an obligation to fully check the safety of the equipment.
"There was nothing in the evidence which tended to suggest that the respondent had any need to check the system before doing what he had been asked to do, and the evidence did not justify a finding that the absence of a check on his part amounted to a failure to take reasonable care for his own safety," he wrote.
Port Sorell Bowls Club must pay $1,074,888 in damages, plus interest.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark www.examiner.com.au
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter: @examineronline
- Follow us on Instagram: @examineronline
- Follow us on Google News: The Examiner