Covey v State of Queensland

The case of Covey v State of Queensland involved the plaintiff, Covey, who suffered personal injuries after stumbling on a flight of stairs at work. The defendant, the State of Queensland, was found liable for breach of both its duty of care and contractual obligations. The case was heard in the Supreme Court of Queensland. The primary legal issues revolved around whether the risk of injury was reasonably foreseeable, whether inexpensive remedial measures could have been taken to avoid the foreseeable risk, and whether the plaintiff's inadvertence or inattention contributed to the incident.

The court held that the risk of injury was indeed reasonably foreseeable and that inexpensive measures could have been implemented to mitigate this risk. The court further determined that the defendant breached its duty of care by failing to take these measures. Additionally, the court found that the plaintiff's inadvertence or inattention contributed to the incident, reducing the damages awarded. Despite this, the court concluded that the defendant's liability was primarily due to their failure to provide a safe system of work.

The Supreme Court awarded the plaintiff $1,607,586.20 in damages, acknowledging the contributory negligence on the part of the plaintiff but primarily attributing the injury to the defendant's breach of duty. The court also ordered the defendant to pay the plaintiff's costs and incidental expenses of the claim, from 19 November 2013, to be assessed on the standard basis. This decision underscores the employer's responsibility to maintain a safe workplace and the necessity of taking reasonable precautions to prevent foreseeable risks.