'Could and should have sat': Ferry's rebuke after man sues for toilet fall

A man is suing the Spirit of Tasmania ferry operator due to negligence after he slipped and fell over in a bathroom while the ship was at sea, with TT-Line claiming he "should have sat on the toilet".

In a statement of claim filed to the Federal Court, the plaintiff alleged that in December 2022, when he was 68, he was standing up using the ensuite toilet in a Spirit of Tasmania I cabin during a Bass Strait crossing when the ship experienced a "sudden drop".

He claimed that there was no handhold adjacent to the toilet, and the towel racks and vanity within reach "appeared insufficiently strong and unsuitable to be used as handrails".

Court documents stated that he tried to steady himself by resting his hands on the wall in front of him, but when the ship dropped suddenly, he was thrown backwards, hitting the shower wall with his shoulders and landing on the raised metal edge of the shower.

The plaintiff claimed he has "permanent and continuing disabilities" as a result of the incident.

He also claimed to have "suffered injuries and loss", including "acute L2 vertebral body compression fracture [and the] aggravation of previous lumbar spine pain".

He has sought damages from ferry operator TT-Line due to having "required and received medical and hospital treatment".

Documents stated the man had "a reduced capacity to work and has suffered economic loss and will in the future suffer economic loss" and "in the past required voluntary domestic, nursing and other services and will in the future continue to require such services on a commercial basis".

The man stated he also "suffered disappointment and distress … and a subsequent ruined holiday in Tasmania" and "suffered a diminution in value of the quality of carriage that he experienced compared to the cost of the carriage that he purchased".

'Should have sat on the toilet': TT-Line

The plaintiff claimed that TT-Line was negligent by not installing a suitable handrail within reach of the toilet and not displaying a sign on the safe use of the toilet while the ship was at sea.

In its defence filed to the Federal Court, TT-Line said that the bathroom sink next to the toilet was made of stone and would have been a sufficient handhold. It said the towel racks were also sufficient.

The man "could and should have sat on the toilet seat", TT-Line argued.

The document stated that when booking the tickets, the plaintiff could have indicated he had specific needs or required assistance, which would have allowed TT-Line to allocate an accessible cabin to him.

TT-Line also disputed that the ship dropped suddenly at the time of the accident (approximately 2am), stating that the ship experienced winds equivalent to a "moderate breeze" that caused "small waves".

It said the ship's crew did not receive reports from other passengers of a "sudden drop" at the time.

TT-Line has denied any liability.

The case will return to court in November.