Judgment: 2016-06-09 · Court archive

High Court awards €75,310 after accepting shopper’s account of wet-floor fall

The court found Dunnes Stores liable for a fall at its Ennis shop in 2012 and awarded damages for ongoing lower-back pain.

The High Court · [2016] IEHC 338

Who, what, where, when and why

Who
  • Julie Greene (Plaintiff)
  • Dunnes Stores (Defendant)
What

The court found Dunnes Stores liable for a fall at its Ennis shop in 2012 and awarded damages for ongoing lower-back pain.

Where

Places mentioned in the report

  • Ennis
When

Judgment:

Why

Reasons reported in the judgment

The High Court awarded Julie Greene €75,310 after finding Dunnes Stores liable for a fall on a wet floor at its shop in Ennis in August 2012. The award covered pain and suffering, loss of amenity and special damages.

The High Court awarded Julie Greene €75,310 after finding Dunnes Stores liable for a fall on a wet floor at its shop in Ennis in August 2012. The award covered pain and suffering, loss of amenity and special damages.

Greene told the court she slipped near the shop’s entrance and exit doors while leaving after shopping. She said rainwater had made the floor wet, footprints were visible, and there was no mat or warning sign. Dunnes Stores had no record of the incident and disputed that the accident had happened. Its counsel accepted that if the floor was wet, it was slippery and dangerous, and that a mat should have been in place.

The judge accepted Greene’s account that she slipped on rainwater and that no mat was present. He also accepted that two staff members helped her after the fall. He said the absence of a written incident record remained a mystery, but found that the accident resulted from the store’s negligence in failing to place a mat by the entrance doors given the weather. The court therefore found liability established.

The dispute also concerned the extent and future effects of Greene’s injuries. She described persistent lower-back pain, difficulty with housework, driving and prolonged sitting, and limits on walking and exercise. Her orthopaedic surgeon, John Rice, said an MRI showed an annular tear at the L5/S1 disc and considered the recurring pain likely to continue long term. The defendant’s doctor, Brian Spillane, also recorded ongoing symptoms and said full recovery appeared unlikely, though he considered the symptoms not very severe.

The judge accepted that Greene had suffered an injury to the muscles and ligaments of her lower back, including an annular tear, and that she continued to experience recurring pain and limitations in everyday activities. He assessed her as permanently injured and said she would have pain in the long term and require medication.

The court awarded €35,000 for pain and suffering and loss of amenity to date, €40,000 for future pain and suffering, and €310 in special damages, making a total award of €75,310. The judgment does not state that the court made any further order.

Read the original court judgment

Something looks wrong?

Highlight the relevant passage or flag this article for review. Review requests do not immediately change the report.

Email a correction request

Request a review