Dunnes Stores was liable for injuries suffered by a man who went to the aid of a security officer and was struck in the face with a motorcycle chain, the High Court ruled in 2007. Mr Justice Kelly awarded the plaintiff €81,201 in damages and costs.
The assault happened at a shopping centre in Thurles on 4 July 2002. The plaintiff was shopping when a cleaner called for help after a security officer, Keith Byrne, detained Alexander Colville outside the building. The plaintiff joined Byrne in restraining Colville. Byrne said he had called on the plaintiff to assist; the plaintiff’s account was accepted by the judge.
Garda Delaney arrived and was dealing with Colville when Ciaran McCormack returned carrying a motorcycle chain. He struck the plaintiff in the face and swung again but missed. The judge found the assault occurred after police backup arrived, preferring the Garda’s account and Byrne’s earlier statement over Byrne’s evidence that it happened beforehand.
The court heard that Byrne was the only security officer on duty during late-night shopping, despite the store ordinarily having three security personnel. He had responsibility for the drapery, grocery and off-licence departments and had no two-way radio. He could contact other staff only by mobile phone and received no staff assistance during the incident.
Justice Kelly found the arrangements “substandard”. He concluded that one officer covering the whole store was inadequate and that the lack of radio communication impeded Byrne’s ability to call for urgent backup. The judge also found Byrne had breached the security protocol by attempting to detain Colville while outnumbered, when the protocol required him to seek help. The protocol itself was not put in evidence.
The court held that the danger requiring a rescuer was reasonably foreseeable and resulted from both Byrne’s breach and the store’s failure to provide appropriate backup. Dunnes Stores was vicariously liable for Byrne’s negligence. The judge rejected the suggestion that the ruling meant security officers should not detain suspected shoplifters, saying sufficient staff and radios, or following the protocol and calling police, could have brought the situation under control.
The plaintiff suffered a nasal fracture, jaw and neck injuries, underwent two jaw procedures and had continuing treatment. The judge assessed €40,000 for pain and suffering to date, €10,000 for future pain and suffering, €28,000 for net loss of earnings and €3,201 in agreed special damages. Judgment was entered for €81,201 and costs.