Dylan Luxton claims Woodhill State School’s failure to tell him not to wear Dunlop Volleys while playing touch led to him injuring his knee.
Dylan Luxton claims Woodhill State School’s failure to tell him not to wear Dunlop Volleys while playing touch led to him injuring his knee.

Why these shoes were wrong for touch

A KNEE injury sustained while playing touch rugby in Dunlop Volleys rather than football boots has resulted in a student lodging a claim for more than $350,000.

Dylan Patrick Luxton, 18, is asking for $354,770.20 compensation after he slipped passing a football during a match at a school sports carnival at Woodhill State School in July 2012.

The fall left the then 12-year-old Mr Luxton with a fractured shin bone. He needed a knee reconstruction three years later.

"(Mr Luxton) will not be able to participate in activities requiring prolonged periods of standing, walking, running or jumping over uneven terrain, carrying heavy objects in confined spaces or activities involving torsional and loading forces to this left knee," court documents lodged in Southport District Court said.

He claims it was his shoes which contributed to him slipping.

"(The school) failed to warn of the dangers of participating in touch rugby while wearing Dunlop Volley shoes which facilitated or added to the foreseeable risk of slipping while so participating," the documents said.

Dylan Luxton said Woodhill State School should have told him to wear cleats instead of Dunlop Volleys. Picture: Brendad Radke
Dylan Luxton said Woodhill State School should have told him to wear cleats instead of Dunlop Volleys. Picture: Brendad Radke

It is asserted that he should have been wearing cleated or studded shoes.

The knee injury has left Mr Luxton, who left school midway through Year 11, unable to pursue his desired career as a personal trainer.

"Prior to his injury (Mr Luxton) enjoyed football, basketball and rollerblading. He was precluded from participating in these activities for an extended period of time," the documents said.

Mr Luxton is also no longer able to take part in contact sports.

The claim also alleges the school contributed to the injury as they had provided "inadequate supervision" to the four-a-side touch game.

Dylan Luxton was wearing Dunlop Volleys when he was injured. Picture: Charles Brewer
Dylan Luxton was wearing Dunlop Volleys when he was injured. Picture: Charles Brewer

Since the injury Mr Luxton has been assessed as having a seven per cent whole person impairment and an increased risk of developing osteoarthritis.

Mr Luxton claims the injury left him unable to get part-time work when he was 16 and "limited" his future employment possibilities and potential earnings.

After the injury, Mr Luxton spent a year in a knee brace and needed help from his mother to shower, use the bathroom and travel to school.

The injury while he was playing touch means Dylan Luxton can no longer become a personal trainer.
The injury while he was playing touch means Dylan Luxton can no longer become a personal trainer.

Shine Lawyers solicitor Tina Ibraheem, who acts for Mr Luxton, said the injury had left him with an uncertain future.

"You send your children to school with the expectation that they will be safe," she said.

"Dylan's family had that same expectation."

A spokesman for Department of Education declined to comment as the matter is before the courts.



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