Giles v State of Queensland
[2020] QDC 332 · Reid DCJ
Peter Giles was a firefighter who attended a house fire at Slacks Creek in August 2011 in which 11 people, including eight children, died. He worked as pump operator at the scene for almost nine hours and later developed post-traumatic stress disorder, which forced his medical retirement. He sued the State of Queensland, arguing his employer was negligent for not rotating him away from the fire sooner and for not adequately checking on his welfare.
The court accepted that Mr Giles genuinely developed PTSD but found his credibility was damaged by inconsistent accounts of his physical health. The judge preferred the evidence of two senior officers who said they checked on Mr Giles several times during the night and saw no sign of distress. Because Mr Giles did not indicate he was struggling, the court found the fire service acted reasonably and was not negligent. The claim was dismissed, judgment was entered for the State, and Mr Giles was ordered to pay the defendant's costs. The court still assessed damages notionally at about $289,000.
Incident & injury
Development of PTSD following attendance as a firefighter at a catastrophic house fire in which 11 people, including eight children, died, with prolonged (approx. nine hour) exposure to the traumatic scene
- Body regions
- Psychiatric
- Diagnoses
- PTSD
- Incident date
- 24 August 2011
- Location
- Wagensveldt Street, Slacks Creek
Quick facts
- Date of judgment
- 18 December 2020
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 56
- Occupation
- Firefighter (pump operator) with Queensland Fire and Rescue Service Community & Personal Service Worker
- Liability
- Disputed
- ISV assessed
- 25 · WCRR Schedule 11 Item 11 (serious mental disorder, PIRS 11%-30%)
- Total damages
- $0
Outcome
The court found the Queensland Fire and Rescue Service (QFRS) was not negligent in its management of the plaintiff on the night of the fire, holding that adequate welfare checks were made and rotation was not required. Judgment was given for the defendant, though the court assessed damages notionally at $288,951.14 and ordered the plaintiff to pay the defendant's costs.
Defendant
1 State of Queensland
Employer
- Judgment against this defendant
- $288,951
- WorkCover refund
- $79,085
Heads of damage
| General damages | $42,350 |
|---|---|
| Past economic loss | $240,000 |
| Interest on past EL | $4,795 |
| Past superannuation | $16,150 |
| Long service leave | $3,000 |
| Past special damages (plaintiff) | $8,915 |
| Past special damages (WorkCover) | $18,066 |
| Past special damages (other third-party funded) | $13,214 |
| Interest on past special damages | $120 |
| Future special damages | $10,000 |
| Fox v Wood | $11,426 |
| Subtotal before refunds | $368,036 |
Key issues
Giles v State of Queensland [2020] QDC 332
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