A man who fell on a broken glass and damaged his hand at a Canberra bar six years ago has been awarded more than $165,000 in damages by an ACT court.
Matthew Kook was 20 when he was jostled on the dance floor at Moose-heads in March 2002 and fell backwards on to a glass that had been left on the floor.
He landed on his right wrist with his palm smashing against the glass, and sustained severe lacerations on his right hand.
He also lost a large amount of blood, and required surgery to repair the cuts.
Mr Kook brought an action in the ACT Supreme Court against Moose-heads in the same year as the accident, claiming the bar was liable for his injury.
The bar argued that Mr Kook had been dancing irresponsibly and had contributed to his injuries.
But in 2007, Master David Harper found that Mooseheads had been negligent in failing to ensure that glasses left on the floor were collected immediately by staff, and that this had made the dance floor unsafe.
He also found that Mr Kook could not have avoided the accident.
Mooseheads lost its appeal against this decision, and the case came back before Master Harper in September.
In his judgment, published yesterday, Master Harper said that in the years since the accident, Mr Kook's right hand had been continually numb in some parts, and he was still experiencing pain and weakness.
Although he wrote with his left hand, Mr Kook did a number of other things, such as play sport, with his right hand.
He now found it difficult to perform small tasks like tying shoelaces or doing up buttons.
A neurologist gave evidence that Mr Kook would most likely require further medical treatment on his hand.
He also said that he would probably continue to inadvertently injure the hand in years to come, because of its limited mobility and sensation.
The court had also heard that at the time of the accident, Mr Kook had been taking time off from university, where he had been studying to be a physiotherapist.
Although it was impossible to tell whether Mr Kook would have eventually completed his university course, Master Harper pointed out that he had lost the opportunity to pursue his professional ambition in that area.
He awarded Mr Kook $165,825, which included loss of past and future earnings and medical expenses.
He also ordered that Mooseheads pay Mr Kook's costs.