Mackay teen Toby Dunne sues Woolworths Group for $250k over Big W incident

A young teen may lose a chance at his dream job after climbing on exercise equipment in a popular department store. Now he’s filed a $250k negligence lawsuit. WARNING: Graphic photos

A Mackay teen fears his ability to play sport has been hindered after he sliced his Achilles tendon on gym equipment inside a popular department store.

The 14 year old, through his father, is now suing for more than $250,000 over alleged negligence in what his lawyer described as a “recipe for disaster”.

Toby Dunne, then 12, had been at Big W at Caneland Central on Boxing Day 2019 with his dad’s partner when he climbed onto an Elliptical cross trainer displayed on the floor about 2.30pm.

Documents filed in the district court allege the area “at and around the cross trainer was cluttered with other exercise/gymnasium equipment, including a rowing machine”.

It is alleged there were no signs on or near the cross trainer informing entrants in the store it could not be used.

As Toby tried to use the cross trainer his left foot hit “the uncapped end of the seat rail of the rowing machine” and as a result suffered a “left-side Achilles tendon laceration”.

The wound was surgically repaired the same day but Toby alleges he still suffers from the injury including pain, stiffness, limited running tolerance, difficulty walking up and down stairs and ladders, reduced squatting capacity and loss of movement range.

The injury to Toby’s heel, which sliced his Achilles tendon, was surgically repaired the same day. He claims he has ongoing issues as a result of the injury.

“This was an accident waiting to happen because so many exercise machines were crammed into the one area,” Toby’s father Bradley Dunne said.

Toby, with his father acting as litigation guardian, is suing Woolworths Group Ltd for $252,005.10 claiming alleged negligence resulted in the injury to the teen.

“There were no signs telling people to keep off the equipment and some of the machines had sharp edges without protective covering,” Mr Dunne alleged.

“Toby is an active kid and wanted to play Aussie Rules this year but is worried about the ongoing pain he experiences from his injury.

“My friend went back to the store weeks later and found the machines were spaced apart and signage had been put up but it’s too little, too late for Toby.”

Toby’s dad Bradley Dunne claims weeks after the injury a friend went to the store and noted the equipment was spread out and there were signs in place.

They alleged Big W failed in a number of ways including taking all reasonable precautions for the safety of lawful entrants exposing them to risk, monitor or remove hazards from the store and direct people not to use equipment or display signage stating it could not be used.

The Dunnes have also alleged Toby intended to become a qualified carpenter, but would now have difficulty performing duties of that role because of his injuries.

“Retailers have a responsibility to provide a safe environment for their customers and we allege the Woolworths Group fell short on this occasion,” Shine Lawyers North Queensland general manager Garreth Turner said.

“If exercise equipment is on display without any signage telling people to keep off, it’s highly likely people will think they’re free to give it a go.

“The fact one of the exercise machines had dangerously sharp edges and was so close to the cross trainer was a recipe for disaster.”

A Big W spokesman said the company took the health and safety of its customers and team members “very seriously”, but was unable to comment on this matter.

“Our team members work hard to ensure the safety of all customers while in the store,” the spokesman said.

“As the matter is now before the courts, we’re unable to comment directly at this time.”