The High Court awarded Rachel Prior €64,300 in damages after finding Dunnes Stores liable for her fall in its Henry Street shop in Limerick on 6 December 2008.
Mr Justice Barr, in a judgment delivered on 30 June 2016, accepted that Prior slipped on a pool of white liquid near the dairy display and injured her neck and lower back. She also claimed urinary symptoms that developed later.
Prior said she reported the accident to her sister, who worked at the store’s customer service desk, and to a manager, who recorded it in an accident book. The judge accepted her account. He noted that the company had been notified within days but called no evidence to challenge whether the accident happened or was reported. Neither Prior’s mother nor her sister gave evidence at trial.
A consulting engineer who inspected the aisle described its vinyl floor as smooth and polished, with poor slip resistance when wet. His evidence that a small spill might not have been readily visible was unchallenged. The judge found that the store should have maintained a regular inspection and cleaning system near the dairy display, where liquid containers were kept. The store presented no evidence of a cleaning system operating there on the day. The judge found negligence and made no finding of contributory negligence.
On the injuries, the judge found that Prior’s neck symptoms had probably resolved in the second half of 2014. Her lower back pain remained more than seven years after the fall. He preferred the evidence of her treating orthopaedic surgeon, who considered that her back problems would continue, and accepted the urologist’s uncontroverted opinion that her urinary symptoms had likely been precipitated by ongoing musculoskeletal pain. The judgment records that further bladder testing was awaited.
The judge awarded €42,500 for general damages to the date of judgment, €20,000 for future pain, suffering and disability, and €1,800 in special damages, for a total of €64,300. The judgment does not specify a separate order on costs.