The High Court has awarded €16,500 to a prisoner who was injured when he slipped and fell in a toilet at Cork Prison in February 2001. Mr Justice Herbert found that the defendants had breached their duty of care by failing to keep the floor dry or cover it with non-slip mats.
The judgment, delivered on 20 July 2005, concerned an appeal by the Governor of Cork Prison, the Minister for Justice, Ireland and the Attorney General against a Circuit Court case brought by Joseph Power. The High Court found that Power slipped on water and struck his forehead on a radiator. It rejected the suggestion that he had been assaulted by other prisoners.
The court found that the toilet floor was extremely dangerous when wet, and that the authorities knew of the risk. A warning sign was in place, and prison officers regularly checked the toilet. The judge found the cleaning routine was sufficient and had not broken down on the day of the fall. However, prisoners regularly used the basins to wash eating and drinking utensils, and water frequently got onto the floor. No towels or drying equipment were provided in the toilet.
The judge accepted expert evidence that even a thin film of water could make the tiled floor hazardous, and that replacing the tiles with non-slip ones could be done easily and at relatively little cost. Mats could also reduce the risk, though they would need careful maintenance.
Power said he slipped shortly after leaving a cubicle, then saw a small patch of water on the floor. Prison staff did not see water when they inspected the toilet, but the judge found their visual examination could not establish that the floor was dry. Medical evidence recorded a head wound consistent with Power’s account. The judge found the fall and injury occurred as he described and that the authorities’ breach caused the injury.
The court found no contributory negligence. It said Power had no alternative route or handrail, and was not required to scrutinise the floor before walking. His injury included a two-centimetre forehead wound, headaches that substantially resolved within a year, and a permanent scar the judge described as a mild cosmetic blemish.
The award comprised €10,000 for pain, discomfort and inconvenience and €6,500 for the scar. No special damages were claimed. The judgment ordered a decree for €16,500 in Power’s favour.