The High Court has found the operator of the Allingham Arms Hotel liable after Carmel Duddy fractured her right wrist in a fall on the hotel’s dancefloor in Bundoran in February 2017. The court awarded her €233,486.80 in damages and adjourned costs and related matters for a hearing the following day.
Mr Justice Jordan found that the floor was wet with spilled drink when Ms Duddy fell while jiving shortly after midnight on 26 February 2017. He concluded that the hotel had not taken reasonable care for her safety and had failed to comply with section 3 of the Occupiers’ Liability Act 1995.
The court heard that Ms Duddy, then 59, was dancing with John Likely when she slipped and fell, putting out her right hand to break the fall. She underwent manipulation of a fractured right radius, wore a cast for six weeks and later had physiotherapy. The judge accepted that she continued to experience chronic pain and restricted movement, affecting her work as a hospital cleaner and daily activities.
Mr Likely said the floor was wet in the area where they had been dancing and attributed the liquid to spilled beer or other alcohol. The judge accepted his evidence about the floor. Ms Duddy’s cousin, Karen Doherty, testified that she had seen patrons carrying drinks across the dancefloor and had never seen a sign prohibiting it or staff checking for spillages.
The hotel’s security witness, Brian McGinley, described a system involving a towel, staff assistance and directing some patrons across the floor at the stage. But the judge considered his recollection unreliable and found no credible evidence that an effective system to prevent or promptly clean spillages was in operation that night. The court also found that patrons did carry drinks across the dancefloor. It accepted that Ms Duddy’s stiletto-style dancing shoes were normal for that dancing and did not cause or contribute to the fall.
The judgment noted that the plaintiff had osteoporosis and sciatica, and that she had taken early retirement partly because of her wrist injury. The judge said it was not possible to know whether she would otherwise have worked until retirement age and applied a 20% deduction to future loss figures. He assessed general damages at €55,000, future losses after that deduction at €102,060.80, and past loss of earnings at €76,426, producing the total decree of €233,486.80.
The court did not determine the plaintiff’s separate contention that evidence had been lost or inadequately preserved, saying it was unnecessary to address it given its liability finding. It directed the parties to return at 10.30am on 5 February 2025 to address costs and any other matters arising.