Bowls club fights to reduce $1m payout for volunteer who burnt his hand barbecuing sausages

A Tassie bowls club ordered to pay more than a million dollars to a volunteer who burnt his hand cooking sausages has appealed what it calls a “manifestly excessive” damages sum. LATEST >>

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A BOWLS club ordered to pay more than a million dollars to a volunteer who seriously burnt his hand cooking sausages has appealed against what it calls a “manifestly excessive” damages sum.

On Monday, lawyers for the Port Sorell Bowls Club appeared before the Full Court of the Supreme Court of Tasmania to argue why the $1,074,880 payout figure needed to be reassessed.

Ken Read SC argued a previous finding that Kraig Anthony Dann’s contributory negligence in the November 2015 incident should be calculated at 15 per cent was “unjust and inequitable”.

“The plaintiff was cooking sausages on the barbecue on this ordinary spring night and according to him, everything was going well,” he told the trio of judges.

“A fat fire broke out.

“That would have come as no surprise to the plaintiff, not only because of his age and experience, but because a fat fire had occurred previously … so it was not an unexpected situation of danger.”

The Supreme Court previously heard that Mr Dann had been operating the “unsophisticated” barbecue when a ceramic mug underneath – a makeshift replacement for a drip tray – overflowed and caught fire.

Flames at chin-height erupted at the rear of the barbecue. Mr Dann turned off the gas, but the mug remained alight.

Fearful of an explosion, Mr Dann moved the mug, but it caught on the lip of a bracket and spilt onto his right hand – an injury that required extensive medical treatment and caused restricted movement and impaired working capacity.

Late last year, Justice Helen Wood awarded damages to Mr Dann for past wage loss, future loss of earning capacity, general damages, and past and future medical expenses after finding the club had been negligent, breaching its duty of care to provide safe equipment and instruction.

“We say the facts show it was the actions of the plaintiff in responding to the fire that were the immediate cause of his harm and these actions were entirely under his control,” Mr Read said on Monday.

“He put his hand in a position of extreme danger.”

He also argued it had been a “joint responsibility” of both the club and Mr Dann to ensure the cup was emptied of fat.

Lawyer Tom Cox also argued errors had been made in the method of assessing a damages figure.

However Bruce McTaggart SC, acting for Mr Dann, argued the barbecue was already set up and lit before Mr Dann started cooking.

“He was concerned about the mug exploding. It occurred when he was in a situation of urgency and when he was under pressure,” he said

“He was attempting to resolve the situation and protect others.

“The plaintiff’s culpability, if any, is very small compared to the gross culpability of the defendant, as found by the trial judge.”

Chief Justice Alan Blow said he would check the payout figures and the calculations used.

A decision will be handed down at a date to be determined.

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