Campbell v CSR Limited and CSR Plane Creek Pty Ltd

The plaintiff, Cheryl Ann Campbell, sued CSR Limited (CSR) and CSR Plane Creek Pty Ltd (Plane Creek) for injuries she sustained when she fell down the internal stairs at the Plane Creek Sugar Mill in Sarina on 3 March 1997. The court had to determine the legal issues of whether the defendants breached their duty of care to the plaintiff, whether the plaintiff's contributory negligence reduced the defendants' liability, and whether the Workcover Queensland Act 1996 limited the plaintiff's damages. The court found that both CSR and Plane Creek breached their duty of care to the plaintiff by failing to take reasonable steps to prevent the foreseeable risk of injury on the stairs, and that the plaintiff's momentary inattention or inadvertence contributed to 20% of her injuries. The court also found that the Workcover Queensland Act 1996 did not limit the plaintiff's damages against CSR in contract, but reduced her damages against Plane Creek by 20% because of her contributory negligence. The court awarded the plaintiff $220,193.59 against CSR and Plane Creek jointly, and $7000 against Plane Creek alone.