Tip contractor Veolia claims Daniel King was high on cannabis when he fell into skip bin

A man accused of being “high” at the time he fell into a Top End tip has claimed he can no longer play the guitar for “extended periods”, “engage in martial arts” and “fish from a boat” because of his injuries.

Daniel King says he suffered multiple fractures as well as ‘severe pain’ and discomfort as a result of the fall.

A waste management contractor is defending a legal claim from a man who fell off the back of a ute at the Palmerston tip, claiming he was high on cannabis at the time.

Daniel King is suing the City of Palmerston and Veolia Environmental Services in the Supreme Court after falling more than 2m while loading waste into a skip bin at the Archer Waste Management Facility in 2019.

In documents filed with the court and obtained by the NT News, Mr King claims there were no barricades or fencing between the waste bay where he was parked and the skip bin.

“In the process of unloading waste into the skip bin the plaintiff overstepped the edge

and fell a distance of approximately 2.5m, landing on a hard concrete surface and sustaining injury,” the statement of claim reads.

Mr King claims the defendants breached their duty of care by failing to erect signs displaying the risk of injury, failing to erect barricades and/or fencing and directing him to unload waste in an area where there were no barricades and/or fencing.

As a result of the incident, Mr King claims he suffered multiple fractures as well as “severe pain” and discomfort, including multiple surgeries and hospital admissions.

The 49-year-old claims he now suffers from a “reduced ability to engage in pre-accident social, domestic and recreational activities” including an inability to “play the guitar for extended periods”, “engage in martial arts” or “fish from a boat”.

In documents filed with the Supreme Court, Veolia claims ‘the risk of falling was obvious’.

In its defence filed with the court, Veolia claims it is “customary for there to be no such barrier” at waste facilities but there was “a guardrail on the adjacent side”.

“It was not reasonable or practical for there to be a barrier or fence separating general waste bay one and the waste skip bin because persons would be unable to dispose of waste, in particular large and/or bulky waste if a barrier or fence was in place,” it reads.

“There were warning signs at general waste bay one warning persons to watch their step due to the ledge and warning of the risk of falling.”

Veolia also claims “the risk of falling was obvious to a person in the plaintiff’s position” and he “fell because he walked backwards without regard for where he was going and/or his proximity to the ledge”.

“At the time of his fall, the plaintiff had consumed a quantity of the drug cannabis on the morning of 30 June 2019 and was intoxicated as defined by section 3(1) of the Personal Injuries (Liabilities and Damages) Act,” the defence reads.

Veolia admits it “owed a duty of care to lawful entrants to the Archer Station such as the plaintiff” but says it was “limited to a duty to take reasonable care”.

Mr King is seeking damages, including exemplary and aggravated damages, as well as interest and costs.

The City of Palmerston is yet to file a defence.