Courts / Dublin / Report

'Anybody crossing the street encounters the same danger': Circle K wins appeal over forecourt fall damages

Summary

In a 2025 appeal, the Court of Appeal overturned a High Court award of damages to Kristina Kandourova, a 44‑year‑old pregnant woman who fell on a concrete kerb at a Circle K forecourt in Dublin in 2016. Kandourova had stopped at the station for coffee, had previously visited the site, and claimed the kerb—described as a 'nib pavement'—was an unnecessary hazard. The High Court had found that the blocked footpath forced her to cross the kerb, constituting negligence on the part of Circle K. The Court of Appeal, however, held that the kerb was a commonplace feature found in many forecourts and that there was no evidence it was an unusual danger. Justice Seamus Noonan ruled that the plaintiff could not be said to have taken reasonable care in failing to see the kerb, and the appeal was allowed, returning the case to the High Court.

Who, what, where, when and why

What: Report matter: 'Anybody crossing the street encounters the same danger': Circle K wins appeal over forecourt fall damages. Procedural stage: appeal

When:

• August 2016 Incident
• 2025-01-27 Publication

Why: She said that she did not take a route along the footpath in front of the store because it was blocked with store goods. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report