Ambulance trolley toppled by hole, $300k damages for public park fall

Compensation claims for injuries resulting from a public park fall because of uneven ground usually go nowhere.

If though the “uneven” ground is in fact a hole 5 cm – 6 cm deep concealed by the lawn in which it is situated, such a claim becomes arguable.

Consider the case of Barbara Hodges – when joining her daughter for a walk-in Sheriff Park in Townsville – her left foot stepped into what she described as a hole causing her to fall and suffer a spiral fracture of the left tibia, fibula and malleolus.

She was ambulanced from the scene to Townsville University Hospital for open reduction surgery that required internal metal fixation to retain the limb in place.

Her inevitable injury compensation claim against the Townsville City Council contended that it ought to have discovered and remove the hazard and that its failure to do so rendered it liable her in damages.

Barbara had sworn by declaration that the hazard was 15 cm – 20 cm deep. Her account under cross examination when the matter came before Judge John Coker in Townsville’s District Court conceded that it may have been shallower, but she could give no accurate estimation of its depth

This inconsistency was seized on by the council’s legal representatives who argued that the height differential was a mere “indentation” with a maximum height differential of 20 mm.

The council called numerous landscaping staff in support of that argument to inform the court they had not observed a hole that met Barbara’s description during the week of or following her accident.

Judge Coker however did not take this as evidence that the hole had not been present. He concluded from it that their inspections had been inadequate to detect its presence.

Critical to the ultimate outcome of the case were the events associated with her ambulance treatment at the scene.
Ambulance officer Jodie Byron attested to the fact that the trolley to which Barbara had been strapped for removal to the ambulance began to roll over when one of its wheels descended into a hole.

She recorded this in her report and even took a photograph of her foot inside the hole to depict its depth.

A senior ambulance officer – called as part of the defendant’s case – subsequently came to the scene as part of an investigation of the mishap and found the hazard which office Byron had described as having the diameter of a dinner plate and with a depth of 5 cm – 6 cm deep.

He in fact requested a nearby council maintenance crew to fill the whole with a “shovelful of crusher dust” from the back of their truck to remove the hazard, which they proceeded to do.

His Honour wasn’t perturbed by the plaintiff’s differing account of the hole’s depth. He was satisfied by reason of the tipping of the ambulance trolley; officer Byron’s concern about the incident; and the concern of her superiors that the depression – however deep it was – constituted a hazard to which the council’s duty extended to make the space as safe for users as reasonable care could make it.

Neither was the court concerned as to how the hole came into existence.

More to the point was that it was concealed as the grass growing from inside had been cut to the same level as surrounding lawn and that it was in close proximity to the only off-street car park making it a high traffic area for members of the public.

The the height of the grass growing from the base of the depression was a sufficient indication that it had been in existence for long enough to allow the council – had its inspections been inadequate – to have discovered it.

“It was a hole, not a depression or unevenness in that it caused a risk apparent as a result of the plaintiff’s injuries but most obviously as a result of the toppling of the ambulance stretcher”.

Judge Coker awarded Barbara $302,000 in damages such sum having been agreed between the parties as the appropriate compensation figure for the losses sustained.

Hodges v Townsville City Council [2022] QDC 272 Goker J, 7 December 2022

source https://cartercapner.com.au/blog/ambulance-trolley-toppled-by-hole-300k-damages-for-public-park-fall/