An injured shopper´s claim for Dunnes slip and fall accident compensation has been settled for almost €23,000 after a hearing at the Circuit Civil Court.
In November 2011, Anna Manning (60) from Clondalkin in Dublin was shopping at her local Dunnes Stores when she slipped on a loose potato wedge and fell. Although falling forward onto her hands and knees, and initially feeling alright, Anna had to attend her GP the following day due to pains in her neck and back.
Anna made a claim for Dunnes slip and fall accident compensation, but the store denied its liability and refused to consent to an Injuries Board assessment of her claim. Consequently Anna was issued with an assessment to pursue her claim through the court system.
Her case was heard recently at the Circuit Civil Court by Mr Justice Raymond Groarke, who was told that Anna had a history of neck and back pains, and that they had been aggravated by her accident in Dunnes. The judge heard that Anna had also developed a pain in her wrist that affected her everyday quality of life.
Dunnes Stores continued to deny its liability for Anna´s injuries, and argued that she had been the author of her own misfortune by not looking where she had been going. However, the court was told that there had been a spillage of potato wedges in the same aisle shortly before Anna´s accident.
Judge Groarke found in Anna´s favour and awarded her €22,900 in settlement of her claim for Dunnes slip and fall accident compensation. He said that, on the balance of probabilities, the potato wedge on which Anna slipped had been a “brother or sister” of those that had been cleaned up earlier.
The judge added that Anna was a “very poor candidate” for a slip and fall in Dunnes Stores due to her previous medical history. He also rejected the claim by the store that Anna had contributed to the cause of the accident and refused to reduce the award on the grounds of contributory negligence.