Man sues Toowoomba Regional Council for $3.2m after suffering brain injury from fall

A man is suing Toowoomba Regional Council for $3.2m after the injuries he sustained from falling into the East Creek Channel left him unable to continue working.

LAWSUIT: Toowoomba man Jarrod Flowers is suing the Toowoomba Regional Council after he suffered a traumatic brain injury from falling into the East Creek Channel. Photo used with permission. Culvert picture by Nev Madsen

A Toowoomba man who suffered a traumatic brain injury from falling into a creek channel while walking home from a Carnival of Flowers event is suing the council for more than $3.2m.

Jarrod Flowers now has an acquired neurocognitive disorder and psychiatric injury after he fell three metres into the East Creek Channel at Queens Park on September 21 in 2018.

According to the Supreme Court claim, lodged by his solicitor Maurice Blackburn, Mr Flowers was walking with friends back from the Food and Wine Festival at Queens Park along Margaret Street about 10pm when he tripped over a garden bed near the footbridge over the channel and fell into it headfirst.

His injuries and symptoms from the incident included a subdural haemorrhaging, skull fracture, spinal injury, chronic headaches, an acquired brain injury and mental health issues.

As a result of the injury, Mr Flowers had to stop work as a teacher and a bricklayer and will need rehabilitation and therapy as well as fund management support.

The claim said the council, which has reportedly installed permanent fencing at the site since the incident, failed to take “reasonable precautions” to do with the area.

“(The defendant) failed to cordon off the garden bed and the East Creek Channel with temporary safety fencing so that it did not pose a hazard to pedestrians,” the claim said.

“(It) failed to appreciate the risk of injury posed by the unfenced edge of the East Creek Channel in circumstances where it knew or ought to have known of the existence of the fall risk.

“The risk of harm was foreseeable, was not insignificant (and) was a risk which in the circumstances a reasonable person in the position of the defendant would have taken steps to guard against.”

Mr Flowers is seeking damages worth more than $3.257m to cover expenses from both the incident and future requirements.

These include medical and psychological care costs, loss of employment and superannuation earnings, rehabilitation and future financial management costs.

Council acting CEO Mike Brady acknowledged the suit but declined to comment on it.

“As this matter is before the court it is inappropriate for Toowoomba Regional Council to comment on the details of the case,” he said in a statement.

Maurice Blackburn did not respond prior to deadline.

The matter is ongoing.