Masling v George Weston Foods Ltd t/as Kelly's Bakery (Orange)

The plaintiff, Masling, sought damages from George Weston Foods Ltd, trading as Kelly's Bakery (Orange), alleging that the defendant was negligent in causing him to suffer an electric shock. The dispute was heard in the District Court of New South Wales. Masling claimed that while he was employed by the defendant, he was electrocuted by a faulty electrical system, leading to significant injuries and ongoing health issues.

The primary legal issue before the court was whether the defendant owed a duty of care to the plaintiff and whether this duty was breached, resulting in the plaintiff's injuries. Additionally, the court had to consider whether the principle of res ipsa loquitur applied, which would shift the onus of proof to the defendant to explain the circumstances leading to the injury. The court also examined whether the injuries could be considered an inherent risk of the plaintiff's employment, which might negate the defendant's liability.

The court found that the defendant indeed owed a duty of care to the plaintiff, which included ensuring the workplace was safe from electrical hazards. The court determined that this duty was breached, as the electrical system was not adequately maintained or inspected, leading to the plaintiff's injuries. The principle of res ipsa loquitur was deemed applicable, as the nature of the injury and the circumstances strongly suggested negligence on the part of the defendant. The court concluded that the injuries were not an inherent risk of the plaintiff's employment, thereby holding the defendant liable for the plaintiff's damages.

The court ordered the defendant to pay damages to the plaintiff, which included compensation for medical expenses, lost wages, and pain and suffering. The exact amount of damages was to be determined in a subsequent assessment.