The Circuit Civil Court has awarded a former employee, who fell from a ladder and broke her wrist, €25,000 compensation for an injury while working in Argos.
Mr Justice Raymond Groarke heard how Nicola Starmer (42) from Ballynakill Downs in Waterford had a temporary position as a front-of-house assistant in the Argos store in Waterford when, in February 2007, she went to the storeroom to fetch goods that needed to be delivered to a customer collection point.
Nicola used a ladder in order to retrieve the goods from a high shelf; but, as she was descending the ladder, suddenly fell backwards and landed heavily on the floor. Although not feeling any pain at first, Nicola eventually attended her local hospital where x-rays revealed she had dislocated her wrist.
Doctors stabilised the injury with pins and discharged Nicola after she had been fitted with an above-the-elbow plaster cast. Due to her dislocated wrist, Nicola was unable to continue with her job and – after speaking with a solicitor – she claimed compensation for an injury while working in Argos.
The Waterford store denied its responsibility for Nicola´s injury – contesting that she had been properly trained on how to use a ladder and told to ask for assistance if she needed it. As liability was denied, the Injuries Board issued an Authorisation for the claim for an injury while working in Argos to be heard in court.
At the Circuit Civil Court, Mr Justice Raymond Groarke was told that Nicola had not been trained on how to retrieve goods from the storeroom and only went to fetch the goods as the store was under-staffed. Furthermore, her solicitor argued, Nicola´s training in ladder safety had consisted of being shown a DVD rather than being given a practical demonstration.
Mr Justice Raymond Groarke agreed with the argument that Argos had not protected Nicola from the risk of injury, and awarded her €25,000 compensation for her injury while working in Argos.