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Here's more legal stuff spiraling into oblivion!

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Created by Simondo > 9 months ago, 22 May 2012
Simondo
VIC, 8025 posts
22 May 2012 8:47PM
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'Disfigured' former cadet sues Melbourne High School
Andrea Petrie
May 22, 2012 - 2:28PM

A former Melbourne High School cadet is suing the South Yarra school and the federal government for negligence after she fainted and fell into an open fire on an army cadet camp resulting in severe injuries.

In a writ lodged in the Victorian Supreme Court, Annie Louey, 18, claims she was enrolled as a member of the Melbourne High Army Cadet Unit on June 22, 2009, when she suffered severe burns and facial disfigurement in the incident.

The selective entry boys' school has some co-curricular programs, including army cadets.

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The writ states the then-16-year-old was attempting to prepare and cook dinner as instructed as part of the army cadet course at Heathcote-Graytown National Park, without adult supervision, when she inadvertently sliced her finger with a knife causing her to faint and fall into an open fire.

"The plaintiff was required to cut a pumpkin with a small pocket knife," the writ states. "In so doing, she sliced her left index finger with the knife, causing her to faint and fall into an open fire."

She suffered deep dermal burns to the left side of her face, left ear, neck and chest, severe facial disfigurement. She also now suffers from anxiety, depression, post traumatic stress disorder and pain, shock and suffering.

"The plaintiff has suffered a degree of physical and psychological impairment... (and) is thereby entitled to institute and maintain this proceeding for general damages for pain and suffering, loss or enjoyment of life and loss of amenities of life," the writ states.

She is seeking damages, interest and costs.

Among the particulars of the case, she claims:

-the school and government failed to supervise her adequately or at all;
-allowed her to conduct a dangerous activity;
-requested or required her to carry out a dangerous activity;
-provided a knife that was insufficient and inadequate for what it was to be used for;
-failed to provide adequate cooking utensils;
-failed to supervise a large open fire during the course;
-failed to provide any or any adequate means of lighting such that cooking activities could be conducted safely; and,
-failed to exercise due care and skill in the care, control and management of the course.

The school and government is yet to lodge their defence with the court.



Read more: www.theage.com.au/national/victoria/disfigured-former-cadet-sues-melbourne-high-school-20120522-1z2l5.html



I actually think she should get a healthy settlement.

However it should be a healthy out of court settlement, or ex gratia payment.

FFS, you are camping, you need to improvise with what you have.... That's one of the many things you do when you go camping. You can't sue the school and government for poor use of a cutting instrument.... Take responsibility for own farking actions!!

A decision in favour of this "unfortunate girl" could SPELL THE END of FUN & SCHOOL CAMPS !!

I agree she deserves a considerable cash settlement from The Crown though. On face value (no puns!), and the assumption that the article is of course factual.

Depending on the amount of facial disfigurement, I would actually place this value up around $100k-$500k. Facial disfigurement for a young girl would be absolutely awful for her, especially if she was already blessed with the looks.

Simondo
VIC, 8025 posts
22 May 2012 8:51PM
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That last point;
-failed to exercise due care and skill in the care, control and management of the course.

Defence case point number 1;
-failed to exercise due care and skill whilst in control of a knife

FFS!!!

Simondo
VIC, 8025 posts
22 May 2012 8:58PM
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This sh!t cuts close to home, because I volunteer and assist with a beautiful park on our coast down here. It's called Eumeralla Scout Camp.

It's actually open for booking from and School in this great land. Some of the Melbourne Schools are our good clients. If your kids are in school, perhaps you as a parent can suggest Eumeralla as a School Camp Destination. There is heaps of stuff to do in the region, and Eumeralla is a great launching pad for a week away for the kids....

Just noticed our website has gone from average, to a contact page!
www.eumeralla.com.au/
Phone: 03 5263 1241
Eumeralla Camp
1415 Great Ocean Road
Anglesea, Victoria 3230
[email protected]


Google Maps Quick Link - zoom out to get your bearings... Just down the road from my day time home, Bells Beach.
www.google.com.au:443/maps?client=safari&rls=en&q=eumeralla&oe=UTF-8&redir_esc&um=1&ie=UTF-8&ei=AWO7T6CkE-W0iQfx87T2CA&sa=X&oi=mode_link&ct=mode&cd=3&ved=0CFUQ_AUoAg

Ted the Kiwi
NSW, 14256 posts
22 May 2012 8:58PM
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Did you see the one the other week where the chick was suing the posh school she went to in Geelong for not getting enough marks to get into law in her Yr 12 exams....jeepers - what is the world coming too! How is the irony in that one.

Simondo
VIC, 8025 posts
22 May 2012 9:06PM
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Yeah, saw that one Ted. That was wrong too...

I actually cracked my femur, and compounded a wrist bone on two separate Scout Camp incidents. Both were 50-50 in blame (ok maybe 70-30, me 70)... I didn't do anything too silly, but I was just naturally having a fun time. But I just sucked it up, as did Mum & Dad. Lived to tell the tales.

Both required x-rays and a hospital visit.

Mobydisc
NSW, 9029 posts
22 May 2012 10:39PM
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What it all comes down to is no one is prepared to take responsibility for their actions and everyone is looking to blame someone for their failures or accidents.

Everyone is looking for a free ride and no one is willing to break a sweat or come home buggered after a hard day at work.

The indolent and lazy are lauded and rewarded while the hard workers are ignored and punished.

This country is going down the drain at a rate of knots.

stuk
NSW, 894 posts
22 May 2012 11:07PM
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Just waiting for descendants of first fleeters to have a light bulb moment and decide to sue the Poms for sending them to these inhospitable shores for their ancestors misdeameanours.

As the original boat people it would open the floodgates for more recent arrivals, lawyers fieldday

pweedas
WA, 4642 posts
22 May 2012 11:30PM
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Apparently there's no such thing as 'an unfortunate accident' these days.
Who would have thought that a 16 years old, (that's 16, not 6 ) cutting a pumpkin with a pocket knife by the camp fire was a dangerous act requiring adult supervision.
That's truly pathetic!
If this stupid case gets legs then from now on all campfires will need a security cage around them and no one will be allowed within 3 metres without a safety harness and supervision.
And I don't think she should get any compensation.
If it was all that critical she should have arranged her own insurance before she went.

knigit
WA, 319 posts
23 May 2012 6:54AM
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There should definitely be some suing happening here.

A big f off fine to her lawyer for wasting a judge's time and for advising this girl's family that they have a case.

I definitely feel sorry for the girl but giving her half a million dollars that someone else has had to earn because she fell into a fire is outrageous.

Some people can't do blood, fair enough. If you're a fainter then perhaps extra 'precorshen's' should be your own responsibility. What if they'd provided her with a chef's knife? Most people have cut themselves with one of them at some point or another - it helps to remind you which is the sharp side.

Adult supervision for fire and a penknife for a 16yr old! How are they ever supposed to grow up and learn anything?

stamp
QLD, 2800 posts
23 May 2012 9:09AM
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how about you back up & look at this from the other side for a second?
you entrust your daughter into the care of a 'responsible' authority. she returns traumatised, severely burned and permanently scarred. you are happy to leave it at that in order to 'teach her a lesson'????
wouldn't you ask why the hell a child was allowed to prepare food so close to a fire that they could fall in?

knigit
WA, 319 posts
23 May 2012 7:40AM
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stamp said...

how about you back up & look at this from the other side for a second?
you entrust your daughter into the care of a 'responsible' authority. she returns traumatised, severely burned and permanently scarred. you are happy to leave it at that in order to 'teach her a lesson'????
wouldn't you ask why the hell a child was allowed to prepare food so close to a fire that they could fall in?


But where do you draw the line? She was asked to cut up a pumpkin, not given a chainsaw. It's not a case of "teaching her a lesson". It's a shocker but 'accidents' do happen and they can't all be foreseen. No less unfortunate if she'd simply tripped over her shoelaces and fallen over. Simondo's suggested 100-500k because they let a young adult near a camp fire is madness. Schools will just say bugger this and stop doing these sort of activities for fear of greedy lawyers.

"Crown" money should be being used to subsidise therapy or rehab for when this sort of thing happens, not for exorbitant settlements.

chrispychru
QLD, 7932 posts
23 May 2012 9:56AM
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yep thats it. im hating this world more and more. **** happens people,sometimes not so great and now that im studying oh&s im even more dumbfounded that everyday we are taking peoples responsibility to look after their own welfare away from them. there are so many questions that could be asked,had she been near fire before, did her parents ever teach her about fire safety dadadada. **** why not sue her parents for making her such a woos for fainting at the sight of blood(oh did her parents inform the group that she could pass out at anytime from being a woos)
wow do i sue the surfboard manufacturer for the fin chop i got because they did not put stickers on the fins warning they are dangerous. once again greed is screwing our world again

Mobydisc
NSW, 9029 posts
23 May 2012 9:57AM
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stamp said...

wouldn't you ask why the hell a child was allowed to prepare food so close to a fire that they could fall in?


Maybe because they were cooking over an open fire, plus it was nighttime and needed the light from the fire to see?

These sorts of cases make Australia a worse place. We are turning into a country where boundaries are set by OH&S officials and personal injury litigation lawyers "because something might happen". Accidents happen and sometimes no one is to blame for them. Sue the parents because they did not get their daughter used to the sight of her own blood.

Use the wealth of the nation to help her to get the appropriate medical treatment and then assist her to get on with her life.

GalahOnTheBay
NSW, 4188 posts
23 May 2012 11:41AM
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Simondo said...

Among the particulars of the case, she claims:
-the school and government failed to supervise her adequately or at all;
-allowed her to conduct a dangerous activity;
-requested or required her to carry out a dangerous activity;
-provided a knife that was insufficient and inadequate for what it was to be used for;
-failed to provide adequate cooking utensils;
-failed to supervise a large open fire during the course;
-failed to provide any or any adequate means of lighting such that cooking activities could be conducted safely; and,
-failed to exercise due care and skill in the care, control and management of the course.


It is sad that more and more schools, scouts, cadets, etc will have to stop offering these kinds of activities because of cases like this.

Even sader is that the parents will not pick up the slack, and children will miss out on the experience. :-(

The school will lose if this goes the distance, and knowing this will settle.

Here is an interesting read about "duty of care"

www.lawhandbook.org.au/handbook/ch06s03s02.php

jbshack
WA, 6913 posts
23 May 2012 11:24AM
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Can i sue Seebreeze for my business being slow as i spend to much time on there forums

sausage
QLD, 4874 posts
23 May 2012 1:39PM
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jbshack said...

Can i sue Seebreeze for my business being slow as i spend to much time on there forums




Going on the above you sure can (I'll happily join any class action) and possibly you may even have a case to sue your school for failing to adequately teach you to spell.

felixdcat
WA, 3519 posts
23 May 2012 11:51AM
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WTF!!!! Girls should not be be army cadets!!!!!!!!! Keep training them cleaning, cooking, looking good and taking care of household and babies!!!!
Problem solved!!!

evlPanda
NSW, 9207 posts
23 May 2012 6:00PM
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Mobydisc said...
Everyone is looking for a free ride and no one is willing to break a sweat or come home buggered after a hard day at work.

The indolent and lazy are lauded and rewarded while the hard workers are ignored and punished.


Laziness drives invention. I can't think of a single invention that wasn't driven by laziness, or as a way to improve efficiency (less sweat).

Hard work more often than not gets you nowhere.

Mobydisc
NSW, 9029 posts
23 May 2012 6:13PM
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True however inventors of labour saving devices often are hard workers who work out ways to make their or other people's work easier.

Poida
WA, 1922 posts
23 May 2012 4:18PM
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there should be some insurance for her medical costs etc

the problem is that it would be a fight to get any of it from the insurer, hence the adversarial approach, I think

sure its up to each and everyone to take care but sh!t happens, that's why there is insurance.
most times its the insurers who defend the case unless the schooll/government is self insured?

harry potter
VIC, 2777 posts
23 May 2012 7:11PM
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It's pathetic !!
No such thing as an accident these days it's seems it's always someone's fault, the person injured always has to blame someone and be paid.
Society is going backwards

Zachery
597 posts
23 May 2012 5:39PM
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Unfortunately if it has anything with the defence force (assuming as army cadet) she will struggle to get anything much more than medical costs covered as they are ruthless and have the best lawyers in the nation.

Simondo
VIC, 8025 posts
23 May 2012 8:32PM
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jbshack said...

Can i sue Seebreeze for my business being slow as i spend to much time on there forums




Depends if you know the difference between;
- there;
- their; and
- they're

jn1
SA, 2772 posts
23 May 2012 8:06PM
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This is my pipe dream, but if I could pass only one piece of legislation, it would be an income tax on lawyers (solicitors, barristers, QC's, Judges) for earnings over a certain threshold. This country is completely legal fearing. High salaries/fees for legal services is a conflict of interest IMO. I am dead against interfering with the separation of powers principle, but the greed (both from services and customers) must be reduced. I believe that if this were to happen, the knock on effects such as cost of living (mostly through reduced insurances), and international competitiveness would be noticed. Not to mention a stop to some of the brainless laws we have. Who would bother marketing an invention how days ?. It's hardly worth the head****.

J

GalahOnTheBay
NSW, 4188 posts
24 May 2012 9:57PM
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jbshack said...

Can i sue Seebreeze for my business being slow as i spend to much time on there forums




lol

Obligatory YouTube link

bobajob
QLD, 1535 posts
25 May 2012 2:02PM
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jbshack said...

Can i sue Seebreeze for my business being slow as i spend to much time on there forums




And if you do, what's left for me as I want to sue injuring my left pinkie whilst replying to this thread!

Saffer
VIC, 4501 posts
25 May 2012 6:33PM
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Unfortunately we have created the culture of everyone being responsible for our mistakes. Its a stupid scenario. Classic examples:

1. Parents not being forced to take responsibility for their kids actions. I.e. kid get caught for graffiti, parents don't have to pay. In the old days, if we broke something, our parents had to pay for it. I'm pretty sure parents would make sure they knew what their kids were doing if they were forced to pay for it.
2. Schools responsible for teaching our kids everything from right to wrong. It should be the parents responsibility. Schools are there to educate them, not give them the basics.
3. Laws that give people a couple of chances before punishing them
4. Politicians that aren't accountable for their actions
5. Tax rebates. I.e. have as many kids as you want, the government will fund it.

We're teaching kids these days that no matter what they do, they don't have to be accountable for it. Its a bull**** lesson in life.

sn
WA, 2775 posts
25 May 2012 8:26PM
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A few years ago, the Army were not allowed to teach Army cadets anything about firearms or shooting.
Local cadet unit asked if we could help in any way.
We supplied the range, firearms, ammo, accredited instructors, safety officers etc.
Cadets arrived, and one of the mums was heard to say-

mum: "of course they wont be using real bullets"

Me: "excuse me? of course they will be using real bullets, they will also be in the pit operating targets."

Mum: "If I knew my son was going to shoot I would have put him in a Scout troop instead of cadets"

Me: "Missus, I learnt to shoot in Scouts, the Scouts in my troop rank among some of the safest shooters I have ever trained. Shooting isnt dangerous- ingnorance is.
Apart from that- your local Scout troop are trained here on a regular basis- and camp here friday nights so they can shoot saturday morning."

mummy was mortified- but saw the light and let her darling learn the finer points of marksmanship.

little sod was ruddy good too!
-------------------------------------------
When I was more involved with Scouting, one of my troops patrols did a compass course across several farms and much of Julimar forrest. One of the patrol gashed his arm on a stick. Scouts cleaned it up, butterfly closures, bandaged it up, and kept on going.
Scouts mum was pretty upset and raised havok when they got back.
Son told her to cut it out, he said it was his own silly fault he got hurt, his mates did a good job patching him up- and if it was nastier they had a radio and my flare gun to get help.
The went to the local vet, he checked it out and put some stitches in.
He was pretty proud of it boasting "chicks dig scars"
Mum was pretty proud once she calmed down.

Having said all that- if someone in my care ended up with injuries like the young lass got- I would expect to pay through the nose.

stephen.



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Forums > General Discussion   Shooting the breeze...


"Here's more legal stuff spiraling into oblivion!" started by Simondo