The High Court awarded Damien Jedruch €65,000 after finding Tesco Ireland Limited liable for injuries he suffered in a fall in a warehouse toilet at the company’s Donabate Distribution Centre on 21 April 2015.
Mr Justice Barr found that the floor was wet after cleaning when Jedruch entered the toilet at about 7.15am. The cleaner had removed the cleaning barrier, and the court concluded on the balance of probabilities that she had mopped the floor but taken away the barrier while it was still wet. The court found Tesco negligent for allowing the floor to be used in that condition.
The judgment also found that the smooth ceramic tiles posed a high slipping risk when wet and were unsuitable for a toilet used by a large workforce. A broken tile on an access cover also contributed to the injuries: Jedruch’s hand struck it as he slid across the floor. The court found Tesco negligent for choosing the tiles and failing to repair or replace the broken one.
Tesco denied liability. Its cleaner and her supervisor said the floor had been clean and dry shortly before the fall. The company’s engineer said smooth tiles were commonly used in commercial bathrooms and that the cleaning system was appropriate. But the judge questioned the cleaner’s recollection of the timing and did not find the supervisor’s brief inspection convincing. The court accepted that the cleaner had done her best to tell the truth and that she had cleaned the floor.
The original CCTV recording had been lost. The court accepted the timing sequence recorded by a supervisor who had viewed it. That sequence showed the cleaner entering at 7am and leaving at 7.15am, with Jedruch entering moments later. A two-minute gap in the recording meant the precise time he left was unclear. Photographs taken at 7.24am showed substantial water and boot marks on the floor.
The judge rejected any suggestion that Jedruch staged the accident and found no contributory negligence. He said a warning sign that was permanently kept in the toilet had limited value as a warning.
Jedruch suffered fractures to his right elbow and wrist and was off work for 44 weeks. The court awarded €45,000 in general damages, adding €20,000 in agreed special damages. The High Court’s judgment determined liability and damages in the action.