Dreamworld sued by dancer for $900k over alleged injury
A dancer is suing Dreamworld for almost $900,000, claiming she injured her foot after not being given enough time to rest on a double shift.
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A Dreamworld dancer is suing the Gold Coast theme park for almost $900,000, claiming she seriously injured her foot during a performance after not being given enough time to rest or stretch on a double shift.
Caitlin Fegan, 26, has launched Supreme Court action against Dreamworld owners Coast Entertainment Operations Ltd alleging it was negligent and breached its duty of care to her.
The company has rejected the allegations and is defending the claim, which relates to an alleged incident at the park on June 26, 2021.
Court documents state that on the day of the alleged incident, Ms Fegan worked from 9.45am until 3.45pm before starting a night shift from 4.45pm until 9.30pm.
“The plaintiff (Ms Fegan) had at most one hour between the two shifts for a change of make-up, rehearsal of the new dance and a meal,” her lawyers allege in the claim.
“(She) had very limited time to rest her body or to stretch for the dance routine for the night shift.”
The claim alleges Ms Fegan was performing her night dance routine at about 6pm on a concrete pavement that was in poor condition, was uneven and sloped.
“The plaintiff was dancing when she stepped backwards on the concrete surface and landed awkwardly due to the hazard, sustaining injury to her right foot,” the claim states.
She allegedly suffered a lisfranc injury – damage to the bones or ligaments or both in the middle part of the foot.
The claim alleges Ms Fegan needed ongoing medical treatment including surgery as a result of the injury, had lost employment and suffered significantly reduced employability into the future.
It alleges Dreamworld knew its dancers were suffering lower limb injuries when dancing on the park’s Main Street and that they required extra time to rest and stretch before performing to reduce the risk.
Dreamworld also knew its dancers required an even smooth surface to reduce the risk of lower limb injuries but failed to provide a safe system of work or carry out a risk assessment, Ms Fegan’s lawyers allege.
She is claiming $880,504.05 in damages including $652,400 for future economic loss.
In its defence, Coast Entertainment said most of the allegations in Ms Fegan’s claim were untrue and “contrary to fact”.
It said she was given adequate time to rest and stretch during her one-hour break between shifts and from 4.45pm when her late shift commenced and her first performance at 6.15pm.
Coast Entertainment contended that the Main Street area on which Ms Fegan performed was sealed asphalt which was not hazardous nor in poor condition and not uneven or sloped.
It said Main Street was traversed daily by Dreamworld guests, was in a good state of repair, free of defects, posed no hazard to Ms Fegan and was safe to dance on for the few minutes she performed her routine.
Coast Entertainment rejects the claim, or that Ms Fegan was injured, whether as alleged or at all, and denies any blame.
“If the plaintiff was injured, which is denied, it was sustained while taking a step onto her right foot,” lawyers for the company says in its defence,” it said.
“The incident was normal, human bodily movement and was not caused or contributed to by the condition of the ground surface.”
Coast Entertainment also denies dancers other dancers had been injured while performing on Main Street.
It dismissed her injury as minor, saying it had been completely resolved and she continued to work for Coast Entertainment and other businesses as a dancer.
Coast Entertainment said Ms Fegan had not suffered a serious foot injury, any injury she did suffer was not caused by Dreamworld and could not have been prevented by the exercise of reasonable care by the defendant.
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