Cross v Moreton Bay Regional Council

The plaintiff, Cross, brought an action against Moreton Bay Regional Council and others, alleging that he suffered a back injury while in the course of his employment, when he slipped off the step of a truck's tray. The plaintiff alleged that the Council, as his employer, breached its duty of care by failing to provide safe access from the tray of the truck and by providing equipment that fell below the standard of care required. The plaintiff also alleged that the manufacturer of the truck's tray, the third defendant, breached its duty of care by failing to provide other protective access systems. The matter was heard in the Supreme Court of Queensland. The central legal issues in this case were whether the employer breached its duty of care for failing to provide safe access from the tray of the truck, and whether the manufacturer breached its duty of care by not providing other protective access systems. The court found that the employer did not breach its duty of care by failing to provide safe access from the tray of the truck, as it had taken reasonable steps to ensure the safety of its employees. The court found that the employer had provided a non-slip surface on the access step of the tray, which was in accordance with industry standards. However, the court found that the manufacturer breached its duty of care by failing to provide other protective access systems, as it knew or ought to have known that the non-slip surface on the access step of the tray could be removed or worn away, which could result in a dangerous situation. The court held that the manufacturer had a duty of care to ensure that the truck's tray was safe for use, and that it failed to discharge that duty by not providing other protective access systems. The court dismissed the plaintiff's claim against the third defendant, but did not make any orders in relation to the first defendant. The court ordered that the parties provide minutes of the judgment proposed for the plaintiff's claim against the first defendant and for orders for costs.