Giles v State of Queensland
[2021] QCA 206 · McMurdo JA (Fraser JA and Wilson J agreeing)
Mr Giles was a long-serving firefighter who attended Australia's worst house fire at Slacks Creek in 2011, where 11 people, including eight children, died. He remained at the scene for almost nine hours and afterwards developed post-traumatic stress disorder that ended his career. He sued the State of Queensland, arguing his employer should have rotated his crew out earlier and checked on his wellbeing more carefully. At trial the court found no breach of the employer's duty, partly because supervisors had asked after his welfare and he did not show distress, and because the medical evidence did not establish that earlier rotation would have prevented the PTSD. Mr Giles appealed. The Court of Appeal dismissed his appeal, finding the trial judge was entitled to prefer the State's psychiatric expert and that causation had not been proven. He recovered nothing and was ordered to pay costs.
Incident & injury
Firefighter attended Australia's worst house fire (11 deaths including 8 children) for nearly nine hours, developing PTSD; alleged employer failed to rotate him out and to adequately monitor his welfare
- Body regions
- Psychiatric
- Diagnoses
- Post-traumatic stress disorder (PTSD)
- Incident date
- 24 August 2011
- Location
- Slacks Creek, Queensland (Wagensveldt Street house fire)
Quick facts
- Date of judgment
- 28 September 2021
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 56
- Occupation
- Firefighter (Queensland Fire and Rescue Service) Community & Personal Service Worker
- Liability
- Disputed
- Total damages
- $0
Outcome
The Court of Appeal dismissed the firefighter's appeal against the trial judge's finding that the State had not breached its duty of care. No error was shown in preferring the defendant's psychiatric expert, and causation was in any event not established. Appeal dismissed with costs.
Key issues
Giles v State of Queensland [2021] QCA 206
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