Teen sues Woolworths Group for negligence resulting in injury
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A Queensland teenager and his father are suing the Woolworths Group for a quarter of a million dollars after the boy suffered a major injury while trying out a piece of gym equipment inside a Big W store.
A teenager is suing the Woolworths Group after he suffered a gruesome injury while in a Big W store. Credit: 7News.
There, the kid saw an Elliptical cross trainer that was on display among other exercise equipment and wanted to try it out. So he climbed onto the cross-training machine and started pedalling. However, in a sudden turn of events, Toby struck the uncapped seat of a rowing machine (which was at the back of the cross-trainer) with his left foot, causing the sharp edges to lacerate his Achilles tendon.
The 12-year-old had to undergo surgery on the tendon the same day. Now at 14, Toby and his family say that he continues to suffer from the effects of the injury, such as pain, stiffness, limited running tolerance, difficulty going up and downstairs, and a loss of range of movement.
He also initially intended to become a qualified carpenter, but now the teen is suffering from difficulties in performing relevant work duties.
Now, Toby, with his father acting as litigation guardian, is suing Woolworths Group Ltd for $252,005.10 in damages claiming alleged negligence which resulted in an injury in-store.
His family blames Big W for failing to take precautionary measures for the “unsafe” gym equipment, alleging that it was “cluttered with other exercise/gymnasium equipment” and there were no signs or hazards indicating that it was unsafe to use.
“This was an accident waiting to happen,” said Mr Dunne. “So many exercise machines were crammed into one area. There were no signs telling people to keep off the equipment and some of the machines had sharp edges without protective covering.”
He even added that when his friend went back to the store weeks after the incident, the machines were spaced apart and warning signs had been put up already.
“It’s too little, too late for Toby.”
The 14-year-old has difficulty running, squatting and moving up and downstairs. Credit: 7News.
Toby and his father are being represented by Shine Lawyers, who noted that the incident was a disaster waiting to happen.