Woman sues Bunnings for $1.4m after fall from hammock
A Sunshine Coast woman is suing Bunnings for $1.4m after she suffered brain damage from being thrown from a hammock sold by the retailer.
A Sunshine Coast woman is suing Bunnings for more than $1.4m after she suffered brain damage from being thrown from a hammock sold by the retail giant. Julie Kilsby, 49, knocked her head on a brick window sill after being flipped out of the $99 hammock purchased at the Maroochydore Bunnings in January 2020.
According to a claim lodged in the Brisbane Supreme Court, the former barista is claiming in excess of $550,000 in damages and economic losses after the accident left her with seizures, impaired memory and significant cognitive impairment.
Ms Kilsby says she now relies on carers from the National Disability Insurance Scheme
(NDIS) to assist her with daily activities. According to the claim, Ms Kilsby followed the assembly instructions but faced difficulty when trying to get into the hammock due to the tautness of the fabric and its height off the floor. “She was flipped from the hammock and struck her head on a brick windowsill,” the claim states. “She consequently lost consciousness for a short period and sustained a concussion.” She claims the instructions, fabric and manufacturing of the hammock were defective resulting in the injury. “The sling and ropes of the hammock were ... tightly stretched and did not have sufficient give, creating a risk of ejecting or flipping a user out of the hammock,” the claim states.
The instructions supplied with the product did not warn of any risk of injury when attempting to get into or lie in the hammock.
According to the claim. Ms Kilsby suffered a traumatic brain injury as well as depression and anxiety caused by a chronic adjustment disorder.
The $1.4m in damages includes almost $50,000 in past economic loss, $250,000 in future economic loss and $180,000 in future care.
Ms Kilbsy said she had suffered enormously since the incident. “I am grateful for the NDIS for recently accepting my application for some support,” said Ms Kilsby.
“At the end of the day, I can’t buy a new brain. However, I need to find a way to survive and live my life to the best of my ability.”
Ms Kilsby’s lawyer Travis Schultz, of Travis Schultz & Partners, said Australian consumers were protected by some of the strongest consumer laws in the world.
“People who suffer injury as a result of products that have a defect or are not fit for purpose have a range of remedies,” said Mr Schultz.
Bunnings director of merchandise Jen Tucker said: “The safety of our customers, team and suppliers is our number one priority, and we work with our suppliers to ensure that our products are safe, compliant and fit for purpose.
“We understand that this matter is before the court, and it would not be appropriate for us to make any further comments while the proceedings are underway.”