Introduction. Castro Has Been Employed With Transfield

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Castro has been employed with Transfield (QLD) Pty Ltd where his job duties involved moving the very heavy oxygen bottle (about 146 lbs.) 20 or 30 yards away from the storage area. Castro has been employed recently two weeks back from the date of incident.
Castro claims that he hurt his back as the oxygen bottle fell on him as he was carrying the bottle with in the work place. Castro also claims that there were other workers on site and they could have provided assistance in moving the bottle.
Transfield (QLD) Pty Ltd claims that Castro has not been working as a member of a team and was moving the oxygen cylinders without any assistance. They also claim that it was impractical to provide trolley to move the oxygen cylinders
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Defendant claims that the Plaintiff had sought help of the other team members in moving the oxygen cylinders which he failed to do so. In the span of working for two weeks he has been working alone without any assistance from the other team members. RULES
The following are four common law of Negligence to prove the negligence of the Defendant.
A. Foreseeability
The event of getting injured was foreseeable by the defendant (Transfield Pty Ltd) as the plaintiff (Castro) was allowed to carry the oxygen cylinders without the help of the other team members for the period of two weeks in which he was working. A common knowledge of the defendant is enough to foresee that continuing to carry the oxygen cylinders alone without the help of other employee will lead to injury.

Plaintiff continuing to carry the heavy oxygen cylinders by himself was witnessed by the defendant (Transfield Pty Ltd) and the procedure of safe carrying was not retrained to the defendant. This proves that Transfield Pty Ltd had not only had the knowledge of getting injured but had also witnessed the wrong procedure of carrying out the task.

It is the responsibility of the employer to provide the safe work place as it is a matter of duty of care to avoid his employees to unnecessary risk to injury. Transfield Pty Ltd has not provided the safe working environment by providing the proper equipment’s (trolley) to move the heavy oxygen cylinders with in its premises. It also failed to tile the floor

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