Drunken Stumble or Mine Owner Negligence? A Pitfall Case Study

I think it was G. K. Chesterton who once said, “Don't ever take a fence down until you know the reason it was put up.” It’s a principle that reminds us to look before we leap. He also said “The follies of our youth are, in retrospect, glorious compared to the follies of our old age.” Just kidding. The last quote was from Ripping Yarns. And this certainly is a ripping yarn about fences and folly.

The case CIV 6371 Watson v Wiluna Gold Pty Ltd highlights the complexities of occupier's liability, particularly when personal choices intersect with workplace safety. A Driller’s Offsider sued a Mine Owner after falling 30 meters into an open pit in Wiluna. The plaintiff, after consuming 10 beers, became disorientated walking back to camp at night and fell into the pit, sustaining multiple injuries. He alleged the Mine Owner was negligent for failing to take adequate precautions.

The plaintiff claimed the mine should have built a 2 metre high, weather-resistant bund, a fence, and erected more warning signs. However, the Mine Owner contended they had an adequate abandonment bund (1-1.5 m high, 3-4 m thick) made of soil and rocks, additional road barriers, and general "Danger - Active Mining Area - Keep Out" signs. They argued these precautions were reasonable given the remote location and low likelihood of someone walking there at night.

The court sided with the Mine Owner. They found the existing bund met 1992 industry standards and was deemed adequate by a Mines Inspector. While newer guidelines suggested a 2 metre high bund was required, they weren't mandatory for pits constructed before 1991. Importantly, the court noted the plaintiff's awareness of the pit and the bund's visibility. They also deemed a $500k fence disproportionate to the "extremely low risk" of such an incident.

This case underscores that while mine owners have a duty of care; individuals also bear responsibility for their actions. The court ultimately concluded the Mine Owner had discharged its duty, though a recommendation was made to increase the height of lower bunds near lighting plants.