The High Court awarded Sharon Kelly €90,588 after finding that a Dublin bar operator failed to take reasonable care to keep its premises safe. Mr Justice Barr gave judgment on 29 January 2016 in her personal injuries action against Lackabeg Limited, trading as The Arc.
Kelly said she slipped on liquid on a wooden floor at the Arc Café Bar in Liffey Valley at about 1.15am on 29 May 2011, while going to the toilet during her sister-in-law’s birthday party. She said she dislocated her right thumb and injured her neck. The company denied there was liquid on the floor and disputed liability.
The judge accepted evidence from two party guests that the ladies’ toilets were in poor condition and that they had complained to staff. He also accepted one guest’s evidence that the floor near the top of the stairs from the Garden Bar was wet around midnight, and that she complained to an employee. The judge found that the venue was very busy that night, despite the manager’s evidence that it was not particularly busy.
CCTV showed Kelly slipping on the parquet floor in the Lobby Bar. The judge found, on the balance of probabilities, that liquid was present there. He said it may have come from the toilets or from spilled drinks. Although the company had a system for handling spillages, he was not satisfied it had been properly implemented that night. Given the earlier complaints and the demands on staff, he found the company had failed to take reasonable care. He found no contributory negligence by Kelly.
The medical evidence described a dislocated right thumb and a neck injury, with pre-existing degenerative changes in Kelly’s neck made symptomatic by the fall. Doctors disagreed over whether a severe flare-up in February 2014, involving a disc protrusion, was connected to the accident. The judge preferred the opinion of Kelly’s doctor and found the episode was related to the initial injury. He noted that Kelly had residual altered sensation and reduced pinch grip, and that her prognosis was guarded.
The court awarded €60,000 for pain and suffering to date, €30,000 for future pain and suffering, and €588 in special damages, making a total of €90,588. The judgment records those damages awards; it does not state any additional order.