The daughter of a man who died after being held in a headlock in a Bunnings Warehouse store told media that she is left with a “void in her heart” and is taking on the retail giant, the security officers, and their company in a legal fight.
According to media reports in various outlets, news.com.au and Daily Mail, Bunnings said it will defend the proceedings.
According to the 2022 coronial inquest, it was determined that 31-year-old Anthony James Georgiou would have lived had he not been engaged in a confrontation with two security guards at Melbourne’s Frankston Bunnings seven years ago.
The inquest revealed that the guards were attempting to prevent Mr. Georgiou from leaving the store without paying for a gas cylinder and a saw blade. They restrained him in a headlock, leading to his struggle for air and pleas for assistance.
Mr Georgiou fell unconscious and was taken to hospital, where he died later that day.
In response to the Victorian coroner’s conclusions, Mr Georgiou’s daughter has initiated a civil lawsuit for compensation for the injury, loss, and damages resulting from her father’s death.
In a writ and statement of claim submitted to the County Court of Victoria, according to news.com.au, Mr Georgiou’s daughter stresses that her father’s passing was a consequence of negligence exhibited by four defendants.
Also read: Anthony James Georgiou “might not have died” if guards had not tackled him, court hears
These defendants include the two security officers responsible for restraining Mr Georgiou, their employer New Security Solutions Group, and Bunnings Warehouse.
“The Plaintiffs have suffered injury, loss and damage as a consequence of the injuries sustained,” the statement of claim read.
The allegation in the statement is that the security guards “used excessive force” by punching and kicking Mr Georgiou before placing an arm around his neck and exerting pressure.
It also alleged Mr Georgiou was assaulted “for a long period of time” and had his neck held “such that his feet lifted off the ground”.
It claimed the officers failed to keep Mr Georgiou safe, allow him to leave the store or show reasonable care in apprehending him.
“The death of the deceased was caused by the intentional, reckless and/or (these) negligent acts,” it read.
The writ presented the argument that both Mr Georgiou’s daughter and her mother experienced psychological harm, including post-traumatic stress disorder and depression, du to witnessing the impact of Mr. Georgiou’s injuries and learning about his demise.
It claimed all four defendants breached their duty of care to Bunnings’ customers.
Victorian coroner Coroner Darren Bracken when handing down his finding, concluded Mr Georgiou died due to complications with methylamphetamine use and physical restraint.
While he ruled that a combination of factors led to his death, he added that Mr Georgiou “would have walked away from Bunnings that day” had he not been restrained.
In a statement, Mr Georgiou’s family said his death has “left (them) burdened with indescribable pain and sorrow”.
“Our lives have been forever altered by his devastating death and we wish those responsible could understand the profound impact their action or inaction has had. Most affected is Anthony’s daughter, who has lost the joy and security that her father provided; she now lives with a constant void in her heart,” they said.
“Bunnings and every other organisation must prioritise the safety and wellbeing of its customers and employees so that no other family must suffer through a similar loss as we have. We also hope Anthony’s death will serve as a powerful reminder to everyone about the importance of empathy and responsibility in our society.”
During the inquest, it was revealed that the headlock used by the officers breached Bunnings’ code of conduct and the training provided to their loss prevention officers (LPOs) regarding handling theft incidents.
However, the investigation found that the officers were not provided with a copy of the code, nor had they attended the required training.
In response to the legal proceedings, Bunnings’ director of store operations, Ben Camire, informed news.com.au that the company intends to contest the allegations.
“We continue to extend our sympathy to the Georgiou family,” he said.
“As we’ve maintained through the extensive process to date, there’s nothing more important to us than the safety of our team and our customers.”
Bunnings confirmed it does not employ covert LPOs but hires external professional licensed security service providers at their Victorian stores.
It said it expects its contracted professional licensed security service providers to employ people who have undergone all relevant industry training.
However, Slater and Gordon Public Liability Lawyer Neha Pratap said she and her client believe the death would have been prevented had all defendants taken reasonable care.
“My client, through her litigation guardian, is exercising her legal rights to compensation following father’s death, which we say was avoidable,” she said.
“This is also an important public safety issue given a person was placed in a situation of danger that would have been avoided had the defendants taken reasonable care in the circumstances.”
The proceedings will be scheduled for a future date in the County Court of Victoria.
