Chef Sues Highfields Tavern after freezer fall
Australia Leisure and Hospitality Group (ALH) is accused of failing to take reasonable care to avoid a foreseeable risk that led Larry Owen McPaul to be injured in a freezer accident.
The chef is suing Highfields Tavern, which is owned by ALH, for $326,000 in damages.
McPaul claims he slipped on ice in the venue’s freezer and tore his rotator cuff. Lawyers are arguing the venue failed to maintain a safe work environment and that management knew there was a water leak in the freezer that made the floor slippery but did not fix the problem.
Documents were filed with the Toowoomba District Court by Murphy Schmidt Solicitors that alleges ALH was aware of a leaking pipe connected to a compressor in the Highfields Tavern’s walk-in freezer for more than three months before McPaul’s fall.
McPaul claims to have told Highfields’ head chef of ice on the freezer floor. The injury occurred on January 25, 2021, when McPaul entered the freezer to retrieve a carton and he slipped.
When he reached to steady himself on shelving, he became entangled and twisted his shoulder as he fell.
McPaul required surgery to repair his left rotator cuff and left biceps.
The injury and subsequent surgery put him out of work.
Murphy Schmidt Solicitors allege the fault should have been fixed within a week of identification.
The claim further asserts that ALH neglected to perform regular assessments of the freezer and failed to prevent water from pooling and freezing. Of the damages sought, approximately $175,000 is for the permanent impairment of Mr. McPaul’s earning capacity, $60,000 is for past economic loss due to his time off work as a casual employee, and $28,900 is for medical, treatment, and travel expenses.
ALH has not yet filed a defence.
Jonathan Jackson, 6th June 2024
