It seems that our courts are a soft touch when it comes to the compensation epidemic that is sweeping Australia. Huge sums seem to be awarded on the flimsiest evidence that somehow the complainant has suffered because of someone else's negligence.
A bus driver has just been awarded $ 500,000 because he claims he suffered " nervous shock " when he was tasked with attending a mock " massacre " scenario at the Australian Defence Forces remote Marrangaroo training facility.
To be effective, training exercises need to be as realistic as possible. This one was intended to train medics on dealing with mass injuries suffered on the battlefield and it was composed of actors skillfully posed to display serious wounds. The scene was also littered with animal body parts to create realism - and mass blood loss was depicted using gallons of tomato sauce.
The bus driver was employed by the civilian contractor providing bus and other services to the training facility - and it is claimed that he was forewarned that this was a mock training exercise. Despite this, he now claims that he suffered permanent damage because of the nervous shock induced by the scene.
The court accepted this claim and ruled that the ADF had breached it's " Duty of Care " - and was therefore responsible for paying compensation.
No wonder we are a country with financial problems. Both the government and industry are hemorrhaging money because of this rush to litigation. It seems to be compounded by the legal industry and the " No win - No fee " inducement they are offering. That seems to bring memories of the " Ambulance chaser " tag that once was applied to the profession.
Now the airline industry is threatened with a mass action by cabin staff who claim that there is a link between spraying insecticide throughout arriving aircraft to kill any bugs that might have hitched a ride - and Parkinson's disease.
The Department of Health claims that this follows World Health Organization guidelines and poses no risk, but many people remember the long running asbestos saga. There have been incidents of Parkinson's disease suffered by airline cabin staff, but whether this exceeds the national average remains an unanswered question.
If such a link is found, those affected certainly deserve compensation, but it is disturbing to see the courts clogged with very doubtful claims - and even more disturbing that those sitting in judgement seem increasingly inclined to hand out big sums on money on scant proof of negligence.
In many people's minds - winning a big payout is good reason to go to court !
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