Legal Civil Scenario

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Date Submitted: 05/21/2012 12:46 AM

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 Scenario

Joachim Wolfeschlegelstudiesteinhausenbergerdorff (Wolfe), a worker for Microhire was working in the Masonic Lodge, installing software. He was struck on the head by a falling chandelier while renovations by Home Builders Australia were occurring in the Grand Hall of the building. He was hospitalized for six months with a back broken in several places and after his release, ongoing medication and medical appointments coupled with his inability to resume work, saw him unable to support his family of three. An investigation by the Ombudsman for the Department for Occupational Health and Safety found Home Builders Australia had caused the accident by poor safety standards (see particulars). Wolfe decided to take Home Builders Australia to court on account of the medical bills and inconveniences incurred due to the accident.

 Particulars

• Wolfe = a technical installer of computer software for computer systems

• He was working in the grand hall of the freemasons

• On the day of the accident Home Builders Australia were also in the hall conducting renovations

• One of the Home Builders Australia employees was removing chandeliers from the Grand Hall ceiling prior to repainting

• The worker unbolted the chandelier from the roof but left it hanging there by its electrical wires while he quickly fetched a tool, supposing the wires to be strong enough to support its weight

• Wolfe finished uploading the software onto the computer system in the hall and moved into the main area of the room to collect his equipment

• The crystal chandelier (weighing 20 kilos) was too heavy for the old and worn wires and fell from the roof onto Wolfe, who was bending over his bag

• His back was broken in three places (although the spinal cord was still intact) and he suffered extensive internal bleeding

• Wolfe was hospitalised for 2 months

• On leaving hospital, he was forced to undergo an intensive 10 month therapy program that meant he could not work for a...