Charles Oswald Dearden claim: Fire victim at 21st birthday seeks $800,000 in negligence claim
A young man was set on fire while sleeping at a large celebration in the Toowoomba region. He is now seeking more than $800,000 from the property owners who hosted the party.
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A man who was set on fire at a 21st birthday party is suing the Toowoomba region property owners who hosted the event, claiming the incident was caused by their negligence.
Charles Oswald Dearden is seeking about $872,000 from Nicole Therese Ryan and Terence Bernard Ryan following the incident at their son’s party in February 2019.
According to the statement of claim obtained by The Chronicle, about 200 people attended the celebration at Jondaryan, including Mr Dearden and Robert Taylor.
A strong storm swept through the property during the event and cut power.
As attendees waited for an electrician, a 20 litre jerry can of fuel and a small petrol container were obtained from a neighbouring property to power a generator that restored water pumps and outdoor lighting.
The generator was turned off when mains power was restored.
After the generator was switched off, an unknown person lit a grassfire between the main residence and the house shed.
The fire was extinguished and the jerry can was moved to the rear of the house-shed and hidden behind a dirt bike.
The small petrol container remained in the rear of a ute.
At about midnight, while Mr Dearden was asleep in his swag, Mr Taylor poured petrol on the plaintiff, his clothes and his swag.
He woke to find himself on fire and was doused in cold water by other party attendees.
The petrol was obtained from the small container of fuel still located in the ute.
Mr Dearden suffered burns to his chest, armpit and back.
He alleges his loss and damage from the incident were caused by the negligence of the defendants, who he claims failed to take steps to supervise the area and failed to take steps to ensure proper storage of dangerous substances.
He is claiming pain and suffering, past economic loss, superannuation, future economic loss, special damages and future expenses totalling $872,062.
The claim was filed in Rockhampton Supreme Court on April 14.
The defendants filed a notice of intention to defend on Friday, May 28.
An application on the claim will be heard on June 14.
Mr Taylor was handed a two-year suspended jail term after he pleaded guilty to grievous bodily harm in June 2020.
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