Welsh v Boutique Venues Pty Ltd
[2020] QDC 18 · Rosengren DCJ
Katelyn Welsh was a 21-year-old pastry chef working at the Cha Cha Char restaurant in Brisbane. In April 2017 she was retrieving a tray from an oven, thinking it held bread, when hot water spilled over the sides and burned both her forearms. She sued her employer for damages, and both liability and the amount owed were disputed. The court found the restaurant had not trained her properly or enforced a safe system for using the high oven, so it was responsible for her injuries. The judge rejected the argument that Welsh caused her own injury, finding her mistake amounted to no more than a misjudgement. Her burns left minor scarring and some ongoing intermittent pain, but the court found the effects were relatively minor and would improve over time. The judge also found Welsh had intended to move into childcare work regardless of the injury, which reduced her economic loss claim. She was awarded $36,326.85 in total.
Incident & injury
Burns to both forearms when hot water spilled over the side of a tray being retrieved from an oven in a restaurant kitchen
- Body regions
- Elbow, Skin / scarring, Neurological (Bilateral)
- Diagnoses
- Second degree burns to both forearms, Minor scarring/disfigurement, Intermittent nerve pain/irritation to arms
- Incident date
- 4 April 2017
- Location
- Cha Cha Char restaurant, Eagle Street, Brisbane
Quick facts
- Date of judgment
- 5 March 2020
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 21
- Occupation
- Chef (pastry chef) Technician / Trade Worker
- Liability
- Disputed
- ISV assessed
- 4 · Item 103 (minor elbow injury)
- Whole Person Impairment
- 4%
- Total damages
- $36,327 3rd percentile · WCRA Common Law matters (n=29)
Outcome
The court found the employer liable for failing to train the plaintiff and maintain a safe system of work, rejected contributory negligence, and entered judgment for the plaintiff for $36,326.85 after the WorkCover refund. Future economic loss was assessed globally at $25,000 given findings the plaintiff intended to leave the industry regardless of injury.
Defendant
1 Boutique Venues Pty Ltd as trustee of the Boutique Venues Trust trading as Cha Cha Char
Employer
- Judgment against this defendant
- $36,327
- WorkCover refund
- $2,920
Heads of damage
| General damages | $5,560 |
|---|---|
| Past economic loss | $3,200 |
| Interest on past EL | $132 |
| Past superannuation | $296 |
| Future loss of economic capacity | $25,000 |
| Past special damages (plaintiff) | $3,753 |
| Interest on past special damages | $50 |
| Future special damages | $1,000 |
| Fox v Wood | $256 |
| Subtotal before refunds | $39,247 |
Key issues
Welsh v Boutique Venues Pty Ltd [2020] QDC 18
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