Dunnes Stores has been found in breach of their statutory duty in a checkout operator injury claim made by an employee injured when falling down stairs.
In December 2011, Jean O´Reilly was employed as a checkout operator at the Dunnes Stores in Redmond Square, Wexford. On 9th December, Jean lost her balance while reading the staff noticeboard and fell down the flight of stairs leading from the staff locker room to the shop floor.
As a result of her fall, Jean suffered soft tissue injuries to her neck and back and had to wear a neck brace for the six weeks she was unable to work. Jean also had to undergo a course of physiotherapy to help her recover from her ordeal.
After seeking legal advice, Jean made a checkout operator injury claim – alleging that the staff noticeboard had been placed too close to the top of the stairs and that the lack of a handrail on one side of the staircase had prevented her from stopping her fall.
Dunnes Stores contested the checkout operator claim and refused to provide consent for the Injuries Board to assess Jean´s injuries. Jean was subsequently issued with an authorisation to pursue her injury claim in court, and the case was heard recently by Mr Justice Raymond Fullam at the High Court.
At the conclusion of the hearing, Judge Fullam found in Jean´s favour. He ruled that Dunnes Stores had been in breach of their statutory duty of care on two counts – the first relating to the placement of the staff noticeboard, and the second relating to the lack of a handrail.
The judge awarded Jean €81,500 compensation in settlement of her checkout operator injury claim – €65,000 general damages compensation for her pain and suffering and loss of amenity, and €16,500 special damages compensation for her loss of income and the costs she had incurred seeking medical treatment.