Mackay teen sues Big W over gruesome injury he gained while shopping on Boxing Day

A teenager is suing Woolworths Group after he cut his ankle at a Big W store.

Toby Dune was shopping with his dad’s partner at the department store in Mackay, Queensland central coast on Boxing Day in 2019 when the incident happened.

Toby, who was 12 at the time, began using an elliptical cross trainer on display, which was allegedly surrounded by other gym equipment. 

There were no signs warning customers not use the equipment, court documents allege. 

Toby Dune, now 14, climbed on an elliptical in a Mackay Big W in 2019 which he alleges had no signposted warnings and was crowded by other equipment

While on the machine his left foot ‘struck the uncapped end of the seat rail of the rowing machine’, 7News reported. 

He cut his ankle, slicing through to his Achilles tendon.

Toby underwent surgery the same day of the incident but he and his family claim he still suffers from pain and a limited range of movement.

They allege Toby has limited running capabilities and trouble using stairs and ladders.

Toby also alleges his injury has caused a loss of earning capacity as wanted to become a qualified carpenter but has trouble completing work duties.

Toby sliced his ankle while using the machine and underwent surgery the same day, he claims he still suffers limited mobility and is now suing Woolworths Group $252,005.10 in damages with the allegation that its negligence has caused a loss of earning capacity

Toby is now suing Woolworths Group $252,005.10 in damages and alleges the store acted negligently by failing to keep the store safe.

Toby’s father Brad Dunne told Seven News Toby is an ‘active kid’ and ‘wanted to play Aussie Rules this year but is worried about the ongoing pain he experiences from his injury’.

He also described the incident as an ‘accident waiting to happen’.

‘So many exercise machines were crammed into the one area. There were no signs telling people to keep off the equipment and some of the machines had sharp edges without protective covering,’ he said.

A friend of the family visited the store days after Toby’s injury and found that the equipment had been separated and warning put up

‘My friend went back to the store weeks later and found the machines were spaced apart and signage had been put up but it’s too little, too late for Toby.’

Woolworths Group said in a statement that customer safety is a priority.

‘We take the health and safety of our customers and team members very seriously. Our team members work hard to ensure the safety of all customers while in the store,’ it said.

‘As the matter is now before the courts, we’re unable to comment directly at this time.’