RACING authorities should have taken steps to control the fox problem at Rockhampton’s Callaghan Park, claims a jockey whose career was ruined by one of the feral pests.

The Morning Bulletin reports that Justin Welburn, 38, was working the racehorse Guilty on the sand training track before dawn one morning in March 2007 when a fox dashed across his path. The racehorse pulled up and he fell.

In a damages claim, filed in the Supreme Court at Brisbane last week, Mr Welburn said he had injuries to his cervical spine, lumbar spine and a spinal contusion, resulting in weakness and numbness to his right leg as a result of the fall.

News Limited has reported he was seeking almost $602,000 in damages, including $308,250 for future economic loss. The report said the father of four was earning about $500 a week at the time of the accident and had not worked as a jockey since.

Mr Welburn is seeking damages for personal injury from Rockhampton Jockey Club, Queensland Racing Limited and the Australian Racing Board Limited.

His claim said there was a reasonable risk of injury as a result of foxes at the track. He said steps should have been taken to control the problem at the racecourse, with fencing, traps or baiting.

It’s claimed that under the Workplace Health and Safety Act the racing bodies being sued had a duty to ensure Mr Welburn’s health and safety.

A spokeswoman for Queensland Racing Limited said the matter was currently in the hands of insurers and solicitors, while a spokesperson for the Australian Racing Board Limited was unavailable.

Chairman of the Rockhampton Jockey Club Justin Doyle was not able to comment on the legal case, but said he hoped the matter had a speedy resolution for Mr Welburn.

“I would like to see the matter settled so he can get on with his life,” he said.