The High Court dismissed Geraldine O’Grady’s personal injury claim against Abbott Ireland over an incident in which a lift door struck her head at the company’s Clonmel factory in July 2014. Ms Justice Eileen Creedon found that the lift had not malfunctioned and that Abbott had discharged its duties as an employer and occupier.
Ms O’Grady said she was entering the lift after turning to make a final comment to a colleague when the closing door hit her right temple. She alleged that the lift lacked a voice warning, that its doors were too wide and that its sensor was improperly positioned or did not work correctly. She claimed injuries including a haematoma, post-concussion syndrome and post-traumatic stress disorder.
The court found that Ms O’Grady had seen the lift doors open, turned away to speak to her colleague and was not looking towards the doors when she moved forward. The colleague recalled that the doors began closing as she turned back to enter. The judge also found that the lift, installed around 2005, bore a CE mark and had not malfunctioned. Abbott had a quarterly inspection programme and arranged additional inspections when issues arose.
The court rejected the argument that the 2007 workplace safety regulations imposed an absolute duty on employers to prevent accidents. It held that the employer’s duties were assessed under the reasonably practicable test, which requires appropriate safety measures after hazards and risks have been identified.
On the sensor, the plaintiff’s engineer accepted that its position was standard industry practice. The judge said there was no evidence that the proposed alternative sensor arrangement was viable and compliant with required safety standards. The court was not satisfied that the sensor’s position created the alleged danger zone or that Abbott breached its duties by not placing a sensor on the outer doors.
The judge also rejected the claim that Abbott was at fault for not having consistent voice warnings across its lifts. The court noted that voice warnings were not an industry requirement and were present in about 40 per cent of lifts nationally. While Abbott later installed voice warnings on lifts that lacked them, the court’s decision was that the company had discharged its duties on the evidence before it.
The court further found that Abbott had met its obligations under the Occupiers Liability Act and common law. It concluded that the incident was caused by Ms O’Grady’s inadvertence and dismissed her claim. The judgment does not award damages.