Working in the field, one could be forgiven for thinking that personal injury claims always succeed, but a 2010 decision from the Queensland Supreme Court is an interesting example of how careful management of public areas, and good evidence, can result in a finding in favour of a defendant.
Mr Omar Sultan (the plaintiff), a trainee marine surveyor, attended on board the MV "Cleopatra Dream", along with another surveyor. Mr Sultan allegedly slipped and fell on deck, injuring his right hip, buttock area and his left knee.
Mr Sultan made a claim against his employer and also the owners of the vessel for in excess of $600,000. The claim against the employer settled prior to trial, but the allegations were defended by the vessel owner.
Mr Sultan alleged that he fell as a result of a walkway being wet and oily but he was found by the court to have given a number of inconsistent versions of how the injury had occurred. These were further contradicted by the evidence of the other surveyor and the vessel's Chief Officer, neither of whom noticed any oil leak.
In his evidence, the Chief Officer stated he conducted a daily inspection of the ship and that the crew would not allow any oil leak to go unattended, particularly in port where the crew is very conscious of its environmental obligations. However even if oil was present on the deck, further precautions were taken, such as the use of non-slip paint on the deck and treating walkways with sand to add additional resistance.
The Chief Officer's evidence was further supported by a statement from the Master regarding the safety precautions taken concerning walkways. The court found that even if Mr Sultan did fall, it was not due to the negligence of the vessel owner. Mr Sultan had not proved that the state of the area where he slipped was defective.
This case ultimately had a good outcome for the vessel owners but it is a reminder that all incidents should be investigated when they occur, as a relatively small investment at that stage can help to avoid serious adverse consequences.
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