Warning: The following photos may contain graphic imagery.

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.
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It was Boxing Day in 2019 when Toby Dunne, who was aged 12 at that time, went with his father, Brad Dunne, to go shopping at Big W in Caneland Central, Queensland.

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.
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A representative for Woolworths Group Ltd said it could not comment further as the matter is now being handled before the courts.

Toby and his father are being represented by Shine Lawyers, who noted that the incident was a disaster waiting to happen.

 

[Kayer02]

At this boys age he should of known not to get on display items. I have never allowed my children to "try" any item unless permission has been given, after asking, from staff.

 

[Ricci]

I'm sorry, but when do you become responsible for your own actions? I understand that common sense isn't very common and that stupid can't be cured but really......? Must we follow America and become a litigious nation? Toughen up people and if you do something stupid, own it,

 

[JTrus]

I'm sorry, but when do you become responsible for your own actions? I understand that common sense isn't very common and that stupid can't be cured but really......? Must we follow America and become a litigious nation? Toughen up people and if you do something stupid, own it,

Absolutely agree!!

 

[KatKop]

My husband completely severed an Achilles tendon at the age of 58 and now (9 years later) has no problems doing things like climbing stairs and ladders, using gym equipment, going up and down steep inclines during bushwalking, doing Park Run, etc. I understand that each case is different and that one cannot generalise, but a healthy 14-year-old body has amazing rehabilitation potential, especially with the correct assistance from exercise physiologists, so ...

 

[Leeta069]

The equipment is NOT on display to be used it is there to show customers what it looks like and the parent should have stopped him. End of story.

 

[Alexander]

There is no such thing as a bad child but the world is overpopulated with bad parents. Where the heck was the father during this and why wasn't he taking care of his child? The items were not set up as an example of a home gym. They were not there as a sponsored gym for wayward kids to try. They were on display. Keep watch over your children and teach them common sense and then these things don't happen. I'm sorry for the child but he will get better. The father should accept the blame and lack of responsibility and apologise to the child. Not be looking to sue the store.

 

[Vinylted]

My husband completely severed an Achilles tendon at the age of 58 and now (9 years later) has no problems doing things like climbing stairs and ladders, using gym equipment, going up and down steep inclines during bushwalking, doing Park Run, etc. I understand that each case is different and that one cannot generalise, but a healthy 14-year-old body has amazing rehabilitation potential, especially with the correct assistance from exercise physiologists, so ...

In it for the cash!

 

[Maaaaaa]

It clearly states " not to use gym equipment for display only" are they not teaching our children to read at school ?????????? Parent and child should own this and move on.

 

[KatKop]

It clearly states " not to use gym equipment for display only" are they not teaching our children to read at school ?????????? Parent and child should own this and move on.

I think this is a photo that the father took after the event. It's referred to in this sentence: 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.

 

[Eldert]

My husband completely severed an Achilles tendon at the age of 58 and now (9 years later) has no problems doing things like climbing stairs and ladders, using gym equipment, going up and down steep inclines during bushwalking, doing Park Run, etc. I understand that each case is different and that one cannot generalise, but a healthy 14-year-old body has amazing rehabilitation potential, especially with the correct assistance from exercise physiologists, so ...