Brisbane cyclist who lost eye wins $675k negligence pay out

Victor George Dennison, an 80-year-old cyclist from Brisbane, has been awarded $675,000 in compensation after suffering a devastating eye injury due to a negligent council fence in December 2009. The Brisbane City Council (BCC) initially denied liability, but after Dennison's appeal, the Court of Appeal ruled in his favor in a significant victory for the cyclist.

On a pre-dawn ride along Zillmere Road in Aspley, Dennison's left eye was obliterated when he fell and impaled it on a temporary council fence. The incident led to a traumatic brain injury and left him with a permanent disability. BCC argued that the council would have been liable under a higher threshold for responsibility under civil liability law, but the Court of Appeal disagreed.

Justice Shane Doyle ruled that the council had failed in its duty to protect people, highlighting several safety failures, including the absence of warning signs, reflective warning signs, alternative path directions, and local lighting. The court ordered BCC to pay Dennison $675,926 plus interest and his court costs, marking a significant legal win for the aging cyclist.