Davis v Joinlow Pty Ltd

In the case of Davis v Joinlow Pty Ltd, the plaintiff, Edward Garland Davis, sued the defendant, Joinlow Pty Ltd, for damages resulting from injuries he sustained while working as a truck driver and plant operator. The incident occurred on 13 January 1990 when Davis was servicing a loader-backhoe and was injured by the machine while it was being operated by another employee, Mr Jones. The court had to determine whether the defendant was negligent in failing to provide a safe system of work and whether Davis's actions contributed to his injuries.

The court found that the defendant was negligent in not implementing a safe system for the maintenance of its plant and equipment. The evidence showed that the defendant did not provide any instructions for the safe maintenance of the loaders, despite the foreseeable risk of injury during such activities. The court noted that a simple system, such as immobilising the machines during service and providing signs indicating that maintenance was in progress, could have prevented the accident. The court held that the defendant's failure to provide and enforce a safe system of work was a breach of its duty to ensure a safe workplace, as well as a breach of statutory duty under the Workplace Health and Safety Act 1989.

Regarding contributory negligence, the court found that Davis's actions were not merely inattention or inadvertence but rather a deliberate choice to service the machine without considering the risks involved. The court concluded that Davis's negligence contributed to his injuries and that his damages should be reduced accordingly. The court determined that a 25% reduction in damages was appropriate, taking into account the defendant's significant departure from the standard of care required for providing a safe system of work.

The court assessed the total damages, including general damages, lost earning capacity, care and supervision costs, and other expenses, and determined the final amount to be awarded to Davis after applying the reduction for contributory negligence. The court ordered the defendant to pay Davis $398,139.20 in damages.