Fatouros v Broadreach Services Pty Ltd

In the matter of *Fatouros v Broadreach Services Pty Ltd*, the Supreme Court of Victoria was asked to determine whether the respondent, Broadreach Services Pty Ltd, had breached its duty of care to the applicant, Mr Fatouros, by failing to ensure that the work environment was safe. Mr Fatouros alleged that he suffered injury as a result of the respondent's negligence.

The central legal issue before the Court was whether the respondent had breached its duty of care to the applicant by failing to take reasonable precautions to prevent the applicant from suffering injury. This involved considering the foreseeability of the risk of injury, the likelihood of that risk occurring, and the potential seriousness of the harm. The Court also had to assess whether the respondent's actions, or omissions, were reasonable in the circumstances.

Judge McNab found that the respondent had breached its duty of care. The Court reasoned that the risk of injury was foreseeable and that the respondent ought to have taken steps to mitigate this risk. The principles applied centred on the common law duty of care owed by an employer to an employee, requiring the employer to take reasonable steps to provide a safe working environment. The Court concluded that the respondent had failed to meet this standard.

The Court ordered that judgment be entered for the applicant, Mr Fatouros, and that the parties attend a further directions hearing to determine the quantum of damages.