A cyclist from Brisbane, whose eye was severely injured when he crashed into a temporary council fence, has been awarded a negligence payout of $675,000. Victor George Dennison, who was 64 years old at the time of the incident, contested a previous ruling that determined Brisbane City Council (BCC) was not responsible for his injuries.
Now aged 80, Dennison was riding along the footpath on Zillmere Road in Aspley in December 2009 when he collided with a mesh barricade that had been installed just a day earlier to protect a newly poured concrete section. This accident led to him falling onto a metal stake supporting the barrier, which tragically penetrated his eye socket, resulting in the loss of his left eye, a fractured eye socket, and a traumatic brain injury.
The temporary barrier was erected by council workers to safeguard the construction area. In May of this year, Supreme Court Justice Lincoln Crowley ruled in favor of the BCC, stating that the council would have been liable for the injuries had it not been for a higher standard of responsibility established under civil liability laws.
Represented by his wife and suffering from frontal lobe dementia, Mr. Dennison appealed this finding, arguing that the council had failed to meet its duty to protect community members. Today, three justices from the Court of Appeal granted the appeal and reversed the prior decision.
The court concluded that the council had neglected its responsibility to ensure public safety, even under the stringent liability standards. Justice Shane Doyle noted that there was no evidence indicating that any local authority would deem the provided barricade, lacking adequate warning signs, directional guidance to alternate paths, or sufficient lighting, as a proper fulfillment of its duties.
Furthermore, the court identified multiple safety oversights that bolstered Mr. Dennison’s appeal, highlighting the absence of warning signs or lighting around the site. Justice Doyle remarked that a council team leader had acknowledged the necessity for signage to indicate a safe route around the construction site during nighttime hours.
Justice Doyle expressed skepticism regarding the council’s claim that it had adequately fulfilled its obligations without installing warning signs, stating that it was unreasonable for the council to consider itself compliant with its responsibilities in the absence of reflective signage.
As a result of the ruling, the court mandated that the Brisbane City Council compensate Mr. Dennison a total of $675,926, in addition to accrued interest and legal fees.
