The Court of Appeal has found a pedestrian was partly negligent when he was struck by a forklift from behind. PHOTO: SHUTTERSTOCK

The Court of Appeal in New South Wales has ruled that a man, who had been hit from behind by a forklift, was partly negligent for not keeping a proper lookout - despite being aware that forklifts operated in the area.

In 2008, truck driver Orestis Cosmidis delivered a tanker load of fuel to premises occupied by Boral Bricks. When walking back to his truck, he was hit from behind by a forklift, suffering major injuries.

In 2012, the District Court found the company was liable in negligence and awarded damages of $1,025,672 to Cosmidis. Boral Bricks did not challenge the finding of liability, but did appeal the finding that there was no contributory negligence on the part of Cosmidis.

In December 2013, the Court of Appeal concluded that the appeal should be upheld in part. Last week, following submissions by both parties, it found that Cosmidis was 30% contributorily negligent for the accident and reduced the damages amount accordingly by 30% to an amount of $717,970.