Category: Shop Accident Ireland

Claiming compensation for a shop accident in Ireland is more straightforward than it once was due to the prevalence of security cameras and digital recording. However, as digital recordings are erased once the shop or security company have no further use for them, it is in your best interests not to delay seeking professional legal advice when claiming injury compensation for a shop accident in Ireland. In addition to obtaining security video to establish negligence in a claim for a shop accident in Ireland, a solicitor will also assist you with the completion of the application for assessment to the Injuries Board Ireland to ensure you receive your maximum entitlement to compensation for a shop accident in Ireland. For further advice on claiming compensation for a shop accident in Ireland, you are invited to discuss your shop accident with an experienced Irish solicitor on our freephone Solicitors Advisory Panel.

Personal Injury Award Award for Woman Who Fell on Muffin in Shop Injury Claim after Woman Slipped on Muffin

A personal injury award was recently approved at the High Court in favour of a woman who claimed that slipping on a muffin in a shop left her invalided.

The slip occurred at McGoldrick’s Londis, Main Street, Dromahair, Co Leitrim n August 23, 2012. Ms  Olivia Harte Lynch, with an address at 46 Skreeney, Manorhamiliton Co Leitrim, alleged that, have trodden on a disregarded muffin on the shop floor she fell and sustained injuries. Shoe took the personal injury compensation claim against shop owners JNF McGoldrick Ltd.

Via her legal counsel Ms Harte Lynch informed the Judge that she “has been rendered an invalid” as a result of the unfortunate incident that tool place eight years ago. She alleged that she landed on her back on the floor of the Londis shop after her legs gave way. It was further claims that the accident occurred as the muffin had been left in a dangerous position for customers and shop staff on the shop floor. Furthermore there neglect on behalf of the shop management as no attempt had been made to clear up the muffin or put warning signs in place.

The shop management denied all of these claims and countered that there was a degree of contributory negligence involved on Ms Harte Lynch’s behalf.  refutes all of these claims and that Ms Harte Lynch’s fall took place due to any negligence on their part. Counsel for representing Londis, Jonathan Kilfeather SC, advised presiding Judge Bernard Barton that there is no question that Ms Harte Lynch slipped and fell in the shop.

Mr Kilfeather went on to say that his client is not alleging that the accident was in any way staged. However, he made reference to the fact the both sides had presented medical testimony that was “diametrically opposed” during the hearing. While the defendants were anxious that the hearing proceed and the case be brought to a close he informed the judge that there was a lack of agreement in relation to the extent of the injuries sustained by Ms Harte Lynch.

The hearing was adjourned a number of weeks before returning and Justice Bernard Barton informed that a settlement agreement had been reached for an undisclosed figure.

Store Room Accident Compensation Award of €24,000 for Shop Worker

A shop worker has been awarded in excess of €24,000 store room accident compensation against her employer after falling over the open flap of a clothes box in the store that she was working in.

Ms Smiths legal counsel, Barrister John Nolan appearing with Kent Carty Solicitors, told the Circuit Court that Ms Smith had damaged her shoulders and back in the accident that happened in the store during November 2015. His client said that the storeroom at the Vera Moda shop in the Pavilion Shopping Centre, Swords, had been over packed untidily with boxes. Ms Smith (28) said she had been moving stock from a store room when her knee hit off the flap of a box, causing her to suffer a big fall. She was inflicted with injuries to her neck and both shoulders and her back and had a soft tissue injury to her wrist after having made an attempt to break her fall with her hands.

Aisling Smith, of Woodlawn Way, Santry, Dublin 17 was informed by Circuit Court President Mr Justice Raymond Groarke that, due to contributory negligence, he was reducing her personal injury compensation award to just over €19,000 as she had not been maintaining an adequate look-out in the Vera Moda store.

Judge Groarke awarded Ms Smith a total of €22,500 store room compensation but cut the personal injury compensation award to €19,125 due to the aforementioned contributory negligence. He remarked that she had been employed at the store for a long enough period of time that should have seen to it that she was aware of the importance of keeping a proper look-out and been more careful in relation to her own safety.

He said that proof provided by consultant forensic engineer Barry Tennyson, who had completed an examination of the stock room, indicated that the defendant had put a big effort into tidying up the store before the joint engineering inspection. Judge Groarke said the stock room had been kept in a rather messy manner.

Ms Smith told the court that a stock box had been moved out from a safe position against the wall and was left with one of its flaps lying open and causing an obstruction. A store room accident compensation award of €2,000 for loss of earnings was incorporated into her final compensation award.

Settlement Agreed in Fall in Marks and Spencer Compensation Action

A supermarket accident compensation case has been settled in the High Court between Marks and Spencer (Ireland) and a women who alleges that she fractured her leg when a Marks and Spencer employee collided with her while coming off a step ladder.

Loretta McSherry (64) from Cremore,Templeogue, Dublin informed the High Court that she was shopping in the Marks and Spencer store at Dundrum Shopping Centre for some ready-made meals when the accident occurred. Ms McSherry said was moving through the bakery section the accident happened.

Mc McSherry stated: “I looked at some scones but thought they looked stale and decided not to buy. I gave the step ladder a wide berth, I was not aware of anybody on the ladder. I was struck in the shoulder as I walked past. It was like my Superman moment, I flew forward.”

Ms McSherry told the Judge that the pain she felt following the accident was the worst she had ever experienced and left her writhing on the ground. The medical professionals that  treated her said that she had fractured her thigh bone in a manner consistent with a high speed vehicle accident.

Ms McSherry, who works as an IT systems analyst, had submitted the personal injury compensation action against Marks and Spencer (Ireland) Ltd, with offices at Mary Street, Dublin in relation to the accident that occurred on January 4, 2014 at the Dundrum Shopping Centre outlet.

She claimed that Mark and Spencer employees had not made sure that the shopping aisle was safe for customers and that there was an alleged failure to guarantee her safety. She added that a Marks and Spencer employee was allegedly permitted to use a step ladder for restocking without any assistance in doing so. Finally, she said there was a failure to cordon off or stop customers from coming too close to the step ladder.

Marks and Spencer denied the claims and contended there was contributory negligence on Ms McSherry’s part for allegedly failing pay adequate attention to the area that she was shopping in.


Emotional Trauma Compensation for a Shopping Centre Incident Awarded

A woman who suffered a psychological injury when she was trapped in a lift has been awarded emotional trauma compensation for a shopping centre incident.

On 31st August 2012, Marie Dicker – a fifty-four year old department store supervisor from Walkinstown in Dublin – was shopping with her son at the Square Shopping Centre in Tallaght, when the couple took the lift to travel down to the ground floor.

Shortly after the lift started to descend it came to a sudden halt. Trapped inside the lift, Marie tried to summon assistance by pressing the alarm button. When she was unable to reach anybody on the intercom, she banged on the lift doors and called for help.

After a few minutes of calling for help, the couple were rescued by a shopping centre security guard. However, despite the incident lasting less than five minutes, being trapped in the lift caused Marie to suffer a recurrence of childhood claustrophobia.

In the months following the shopping centre incident, Marie was unable to go into rooms without leaving the door open behind her. This made it difficult for her to use public toilets or shop fitting rooms, and in other situations Marie found that she became anxious unless she was close to the exit of any room she entered.

Marie sought professional medical help and was diagnosed with an anxiety disorder and depression. She then spoke with a solicitor and subsequently claimed emotional trauma compensation for a shopping centre incident against the shopping centre´s management company and the maintenance company responsible for the upkeep of the lift.

Square Management Ltd and Pickering Lifts Ltd acknowledged that there had been a breach in their duty of care, but disputed how much emotional trauma compensation for a shopping centre incident Marie was claiming. Unable to agree a negotiated settlement, the case went to the High Court for an assessment of damages.

At the hearing Mr Justice Anthony Barr was told that an independent psychiatrist commissioned by the defendants had found no evidence of an anxiety disorder when Marie was examined. However, the judge also heard that, since the incident, Marie has been under the care of a psychologist and has responded well to cognitive behaviour therapy that is expected to last for another eighteen months.

Judge Barr commented he was satisfied that Marie had suffered a psychological injury when she was trapped in the lift caused by a recurrence of childhood claustrophobia. He awarded her €25,060 emotional trauma compensation for a shopping centre incident.

Liability in Dunnes Back Injury Claim Determined in Court

A High Court judge has awarded a woman €64,300 compensation after determining liability in a Dunnes back injury claim for slipping on milk and falling.

Thirty-two year old Rachel Prior, from Cratloe in County Clare, made her Dunnes back injury claim after slipping on spilt milk in the Limerick branch of Dunnes Stores. Rachel – who is a professional singer – claimed to have suffered injuries to her cervical spine and lower back due to the stores negligence in failing to identify the hazard and remove it before her accident.

Dunnes Stores contested the allegations of negligence and denied its consent for the Injuries Board to conduct an assessment of Rachel´s claim. Rachel was issued with an authorisation by the Injuries Board to pursue her Dunnes back injury claim in court. The hearing to determine liability was heard earlier this week by Mr Justice Anthony Barr at the High Court.

At the hearing, Judge Barr was told that Rachel performs under the stage name of “Rachy P” and that her act involves energetic dance moves. He also heard that Rachel is in constant pain after a gig because of her injury, and that she has had to adjust her lifestyle as a result of her accident in Dunnes Stores.

It was argued by the defendant that Rachel´s performances after her accident implied her injuries were not as bad as she had alleged in her Dunnes back injury claim. Dunnes Stores also claimed that Rachel had contributed to her accident by failing to look where she was going in the Henry Street store.

Judge Barr found in Rachel´s favour after dismissing the allegations of contributory negligence. The judge commented that Rachel was a truthful witness, who had established liability and not overstated her injuries. He also dismissed the claims of contributory negligence on the grounds that it would have been difficult to see milk on a shiny floor under bright lighting.

The judge awarded Rachel €64,300 compensation in settlement of her Dunnes back injury claim, conceding to Dunnes Stores for a stay on the settlement pending an appeal, provided that the company immediately pay Rachel €30,000 of the compensation award plus €20,000 towards her legal costs.

Employee Awarded Compensation for Falling Down Stairs at Dunnes Stores

A checkout operator from Wexford has been awarded €81,500 compensation for falling down stairs at Dunnes Stores after a hearing at the High Court.

Jean O´Reilly was working as a checkout operator at her local Dunnes Stores in Redmond Square, Wexford, when – on 9th December 2011 – she fell down a flight of stairs due to losing her footing while reading notices on the staff noticeboard.

An ambulance took Jean to hospital, where she received treatment for soft tissue injuries to her back and neck. Jean had to wear a neck brace for six weeks to support her head while she was unable to work, and she also underwent a course of physiotherapy to the damaged soft tissues so that they could recover their strength.

Jean applied to the Injuries Board for an assessment of compensation for falling down stairs at Dunnes Stores, but her employed failed to consent to the assessment being conducted. Jean was subsequently issued with an authorisation to pursue her claim for compensation through the courts, and she sought legal advice.

The claim for compensation for falling down stairs at Dunnes Stores was heard at the end of last week. At the hearing, Mr Justice Raymond Fullam heard that the staff noticeboard was placed too close to the top of the stairs and that there was no handrail along one side of the staircase that would have enabled Jean to arrest her fall before she was injured.

Judge Fullam found in Jean´s favour and said that Dunnes Stores had failed in its statutory duty of care to prevent the risk of injuries to its staff. He awarded Jean €81,500 compensation for falling down stairs at Dunnes Stores, comprising of €65,000 general damages for the pain, suffering and loss of amenity Jean had experienced, and €16,500 special damages for her loss of income and costs she had incurred.

Claim for being Trapped in a Shop Changing Room Resolved with Approval of Settlement

Two girls´ claim for being trapped in a shop changing room while a mock armed robbery was taking place has been resolved at the Circuit Civil Court.

In March 2013, the two girls – Abbie and Casie Kennedy from Lucan in County Dublin – had been shopping with their mother at the H&M shop in the Dundrum Shopping Centre, and were in one of the shop´s changing rooms, when they heard someone shouting at the staff to open the till and get down on the floor.

Unaware that what they could hear was part of a training exercise, the three remained trapped in the shop changing room until there was silence. The girls´ mother – Claudia – then opened the changing room door and looked out but saw nothing. She waited several minutes until she heard voices in the shop before leaving the changing room with her terrified daughters.

On speaking with a store manager, Claudia discovered that the event had been a robbery simulation and, when she got home, she called the H&M head office to complain that the shop had failed to check for the presence of customers before starting the training exercise. A representative of the company apologised and offered Claudia a €30 voucher.

Dissatisfied with the response from the company, Claudia made a claim for being trapped in a shop changing room on behalf of her two daughters against H&M Hennes &Mauritz (Ireland) Ltd. In her legal action, Claudia alleged that Abbie and Casie had been terrified and in fear for their and their mother’s lives. She also claimed that the experience had given both girls nightmares.

The company made offers of compensation for eleven-year-old Abbie (€10,000) and eight-year-old Casie (€8,000) in settlement of their claim for being trapped in a shop changing room. At the Circuit Civil Court in Dublin, Judge Rory MacCabe approved the offers after hearing how the sisters had been traumatised by the “terrifying” incident.

Settlement of Compensation for a Severed Fingertip Approved in Court

A Circuit Civil Court judge has approved a €40,000 settlement of compensation for a severed fingertip accident in favour of a nine-year-old girl.

Julia Roman from Lucan in County Dublin severed her fingertip and lost a nail in November 2012, when she caught her finger between the doors of the local Doc Morris Pharmacy. Julia – who was just six years old at the time of her accident – was taken to the Emergency Department of Our Lady´s Children´s Hospital in Crumlin by her father.

Doctors were able to reattach the severed fingertip while Julia was under a general anaesthetic and the little girl had to attend the hospital several more times so that doctors could check on how she was recovering from her injury. Now nine years of age, Julia has a small scar on the bulb of her finger.

On her daughter’s behalf, Elena Roman made a claim for compensation for a severed fingertip against the owners of the Doc Morris Pharmacy – Unicare Pharmacy Ltd – and Lovco Cleaning and Building Services of Tallaght in Dublin – the company that had installed the doors between which Julia had caught her finger.

Liability for Julia’s injury was conceded by the two defendants, and an offer of compensation for a severed fingertip was proposed to the family amounting to €40,000. The family agreed to the settlement but, before Julia’s claim could be resolved, the proposal had to be approved by a judge to ensure that it was appropriate for the degree of her injury.

Consequently, at the Circuit Civil Court in Dublin, Mr Justice Raymond Groarke heard how Julia’s accident happened, and heard from Julia that she had to give up playing the piano because of the pain in her finger. Judge Groarke approved the settlement of compensation for a severed fingertip and closed the case.

Student Resolves Compensation Claim for Glass in a Dunnes Sauce

A twenty-two year old student, who suffered a cut mouth while eating a marinated pork chop, has resolved her compensation claim for glass in a Dunnes sauce.

Amy Holden from Ballybrack in Dublin made her compensation claim for glass in a Dunnes sauce after biting into a marinated pork chop that had been purchased from the Dunnes Stores in Cornelscourt and finding chards of glass in sauce the meat had been marinated in.

After removing the chards of glass from his daughter´s mouth, Amy´s father took her to the Accident & Emergency Department of St Colmcille´s Hospital in Loughlinstown. Amy was treated for her injuries, given a tetanus injection and X-rayed to see if she had digested any of the glass chards.

Although the X-ray revealed no internal injuries, Amy was advised to seek further medical attention if she started to feel sick or experienced any pain around her abdomen. Fortunately, the only ill-effect Amy subsequently suffered was a sore throat.

Amy made a compensation claim for glass in a Dunnes sauce and, as the claim involved Dunnes Stores´ public liability, Amy first approached the Injuries Board with an application for assessment. However, Dunnes Stores denied liability for Amy´s injuries, and she was issued with an Authorisation by the Injuries Board to pursue her case through the court system.

As the value of her claim had been estimated at €60,000, a hearing to resolve the compensation claim for glass in a Dunnes sauce was scheduled for the High Court. However, prior to the hearing getting underway, the court was told that the claim had been settled by negotiation and could be struck out.

The amount of the settlement or any terms attached to the settlement were not revealed. However, it is understood that Amy´s compensation claim for glass in a Dunnes sauce was resolved with an admission of liability from Dunnes Stores.

Claim for a Dunnes Stores Trip and Fall Injury Resolved in Court

A claim for a Dunnes Stores trip and fall injury has been resolved in the High Court in Cork in favour of a pensioner who broke her hip in her local store.

On 2nd July 2013, Bernadette O´Leary (77) from Clonakilty in Cork was looking to purchase a waterproof canopy in her local Dunnes Store so that she could protect her stall at the weekly farmers market, where she sold food items such as homemade cakes.

Bernadette found a small detachable gazebo that she thought would be suitable, but before buying it she wanted to make sure that it was waterproof. Bernadette asked a shop assistant for advice and, as the shop assistant was unsure about the protection the gazebo would offer, he went to ask a colleague.

The shop assistant told Bernadette to follow him but, as she entered the adjacent aisle, she stumbled over a fold-away deckchair that had been left in the aisle waiting to be placed on a display shelf and fell heavily – breaking her hip.

Bernadette was taken to hospital by ambulance – where she waited forty-eight hours on a trolley waiting for a bed to become available. Once she was allowed home, Bernadette sought legal advice and made a claim for a Dunnes Stores trip and fall injury.

Bernadette claimed in her legal action that the fold-away deckchair left in the aisle represented a hazard contrary to Dunnes Stores´ own safety statement. The company contested Bernadette´s claim for a Dunnes Stores trip and fall injury by saying that she should have looked where she was going.

With Dunnes Stores denying liability for Bernadette´s broken hip, the Injuries Board issued an Authorisation for Bernadette to pursue her claim for a Dunnes Store trip and fall injury through the courts; and the case was heard this week by Mr Justice Henry Abbot at the High Court in Cork.

Judge Abbot was shown a CCTV video of the accident, after which he agreed with Bernadette´s counsel that “the defendant had invited the plaintiff into the path of a hazard on which she fell and was injured”. The judge awarded Bernadette €137,000 compensation in settlement of her claim for a Dunnes Stores trip and fall injury.

Settlement of Claim for Injuries in a Shop Accident Fails to get Approval

The settlement of a claim for injuries in a shop accident has failed to get approval in court after a judge said a more appropriate settlement could be determined in a full hearing.

In July 2012, fourteen-year-old Shauna Kelly was in the Lower O´Connell Street branch of Eason´s in Dublin, browsing through the selection of electronic books on display, when an electronic advertising board fell from the wall above her and hit the young girl on her head and arm.

Shauna was taken to Dublin´s Crumlin Children´s Hospital suffering with concussion. X-rays revealed that no bones had been broken, and Shauna was treated for soft tissue injuries to her back and neck. A splint was also attached to her right wrist to give it some extra support while further soft tissue injuries were healing.

After receiving legal advice, Shauna made a claim for injuries in a shop accident through her mother – Kathy Maher from Ballyfermot in Dublin. While the application for assessment was being reviewed by the Injuries Board, an offer of compensation was made by the parties against whom the claim was made – Eason´s and the company that had installed the electronic advertising board – David James Retail Solutions Ltd of Edenderry in County Offaly.

As Shauna was only fourteen years of age at the time of the accident – and therefore a legal minor – the offer of compensation for injuries in a shop accident had to be approved by a judge before the claim could be resolved. Consequently, at the Circuit Civil Court in Dublin, Court President Mr Justice Raymond Groarke heard the circumstances of Shauna´s accident and the injuries that she had suffered.

Judge Groarke was told that for six months after the accident Shauna suffered a series of severe headaches and that, two and a half years later, she still experiences some stiffness in her back. Shauna´s barrister told Judge Groarke that an offer of €13,500 compensation had been made, but that he was not happy to recommend approval of the offer as he did not believe it adequately compensated Shauna for her injuries.

Judge Groarke agreed with the barrister, and he declined to approve the offer of settlement – saying a more appropriate settlement of Shauna´s claim for injuries in a shop accident could be determined in a full hearing of the case. The judge adjourned the approval hearing for a date to be scheduled later this year in the Circuit Civil Court.

Public Liability Claims by Women Outnumber Claims by Men 2-to-1

According to statistics released by the Injuries Board, public liability claims by women in 2013 outnumbered those made by men by two-to-one.

Public liability claims for compensation are the second-most common category of personal injury claim in Ireland after claims for injuries sustained in motor accidents; and last year more than 1,700 assessments of public liability injury compensation were accepted by people who had suffered injuries in public liability accidents.

The most common type of public liability accident was trips, slips and falls in places of public access – more than two-thirds of the accepted assessments related to accidents such as slips on wet floors, trips over broken pavements and falls due to uneven drains and manholes – while a higher than usual number of injuries were sustained in leisure facilities such as cinemas, sports clubs and hairdressers.

Accidents in shops and supermarkets accounted for a considerable number of public liability compensation settlements and, possibly due to the high number of shopping accidents, the volume of public liability claims by women outstripped those made by men by 71.4 percent -v- 28.6 percent – with the majority of injuries sustained being fractures, cuts and soft tissue injuries such as bruises and strains.

Also possibly due to the high number of injuries sustained in shopping accidents, Saturday was the most common day of the week for accidents in public places for the third consecutive year. The month of July 2013 saw the highest level of accidents throughout the year, while January – surprisingly considering the nature of the weather in January – was the safest month to be out and about.

The total amount of compensation for public liability injuries assessed by the Injuries Board in 2013 amounted to €44 million, with the average accepted assessment being €25,120 – an increase of more than 10 percent on 2012. Despite the number of public liability claims by women being more than double those made by men, men accepted awards slightly higher on average than those for women (€25,664 -v- €24,902).

Lacerated Finger Injury Compensation Approved in the Circuit Court

A young girl from Dublin, who cut her finger in the café of Debenhams in Henry Street, has had a settlement of lacerated finger injury compensation approved in court.

Naoise Walsh (now nine years of age) from Bluebell in Dublin was visiting the Debenhams store in Henry Street with her mother when, in March 2011, she tried to get a drink carton out of the fridge in the Debenhams café.

As she did so her finger got stuck in the metal grill of the shelf; and, when Naoise tried to free her finger, she cut it badly and it started bleeding profusely.

An ambulance was called, and Naoise was taken to the Temple Street Children´s Hospital, where her lacerated finger was treated and dressed.

Naoise returned to the hospital the following day and, under a general anaesthetic, her finger was checked for signs of tendon damage.

Thankfully, no permanent injury was discovered and, after recovering from the anaesthetic, Naoise was allowed home with stitches in her finger.

Through her mother – Amy Walsh – Naoise made a claim for lacerated finger injury compensation against Debenhams Retail Ireland Ltd., who admitted liability for Naoise´s injury.

A settlement of lacerated finger injury compensation amounting to €10,000 was agreed without the Injuries Board´s intervention, but – like all child injury compensation settlements in Ireland – the settlement first had to be approved by a judge.

Consequently, the case was brought before Mr Justice Raymond Groarke at the Circuit Civil Court in Dublin, who after hearing how Naoise sustained her injury, approved the settlement of lacerated finger injury compensation and closed the case.

Fall from Ladder Injury Compensation Awarded to Former Argos Employee

A former employee of Argos in Waterford has been awarded fall from ladder injury compensation amounting to €25,000 after a hearing at the Circuit Civil Court.

Forty-two year old Nicola Starmer was working as a front-of-house sales assistant at the Great George´s Street branch of Argos in February 2007, when she went into the store´s stockroom to fetch goods that had been purchased by a customer.

As the purchase she needed to retrieve from the stockroom was located on a high shelf, Nicola – from Ballynakill Downs in Waterford – used a ladder in order to reach it. However, as Nicola was descending the ladder, she fell backwards and put out her hand to break her fall.

At the time Nicola was unaware that she had sustained an injury in the accident; but, as the day progressed, she started to feel pain in her right wrist. She visited the Accident department of the local hospital, where an x-ray which revealed she had dislocated her wrist.

Doctors inserted pins into Nicola´s wrist to stabilise the injury, and she was discharged from hospital in plaster cast to protect her wrist while it healed. Unfortunately she was unable to return to her temporary job at Argos because of her injury.

Nicola explained the circumstances of her injury to a solicitor and made a claim for fall from ladder injury compensation against Argos. Argos contested its liability for her injuries and the Injuries Board issued an Authorisation for the claim to be heard at the Circuit Civil Court.

At the hearing, Argos disputed Nicola´s claim for fall from ladder injury compensation on the grounds that Nicola had been trained in ladder safety and that the company should not be held responsible for her injuries.

However, Nicola´s solicitor told Mr Justice Raymond Groake that the ladder safety training was comprised of a DVD presentation rather than a practical demonstration and, furthermore, that Nicola had never been given any training with regard to working in the stockroom as she had been employed as a front-of-house sales assistant.

Judge Groarke also heard that Nicola had only attempted to fetch the goods that had been purchased by the customer because the store was short-staffed and there was nobody else available. He found in Nicola´s favour and awarded her €25,000 in fall from ladder injury compensation.

Report Reveals 10 Percent Increase in Compensation Claims to the Injuries Board

Claims to the Injuries Board have increased by 10 percent in the first half of the year according to a report published on the government body´s website.

The analysis of claims to the Injuries Board from January to June 2013 show that the number of applications for the assessment of compensation received by the Injuries Board increased from 14,685 in the corresponding period in 2012 to 16,162 – a rise of just over 10 percent.

The number of assessments accepted by plaintiffs also increased from 5,180 to 5,286, but this represented a significant drop in the percentage of claims to the Injuries Board which were successfully resolved (37.2 percent > 32.7 percent) and indicates that fewer claims for personal injury compensation are being resolved through the Injuries Board process.

The total value of accepted assessments and the average value of each assessment also increased (by 8 percent and 4 percent respectively); however CEO of the Injuries Board in Ireland – Patricia Byron – explained that this was due to a small number of exceptional claims to the Injuries Board – one of which resulted in the highest ever accepted Injuries Board assessment of €976,000.

Once again, claims for injuries sustained in road traffic accidents accounted for the highest proportion of claims to the Injuries Board (75.5 percent), while there was an ongoing reduction in claims for injuries at work (8.1 percent). The remainder of the requests for an assessment of injury compensation were made in respect of public liability claims – injuries sustained in places of public access and product liability claims.

Discussing the increased volume of claims to the Injuries Board and the higher level of injury compensation settlements, Ms Byron warned insurance companies not to use the Injuries Board statistics as an excuse to raise insurance premiums. She said “Given a reduction of 30 percent in the Boards processing fee to respondents [down from €850.00 to €600.00], we see no basis for insurance premium hikes at this time”.

Potential plaintiffs should that while it may still be quicker to resolve a claim for personal injury compensation through direct contact with the negligent party´s insurers, making a claim to the Injuries Board is still necessary (except in claims for medical negligence and professional negligence) in case your claim cannot be resolved by negotiation and requires court action.

Woman Awarded Compensation for Fall on Moving Walkway

A woman who caught the heel of her shoe in a hole on a travelator in a Dublin shopping centre has been awarded €13.150 in compensation for a fall on a moving walkway after a hearing at the Circuit Civil Court.

Nuala Holloway Casey (60) from Blackrock in Dublin brought her action against Secret Retail Holdings (trading as Superquinn Shopping Centre) and Kine (Ireland) Limited, travelator and escalator fitters, of Ballymount, County Dublin, after suffering an ankle injury at the Superquinn Shopping Centre in December 2007.

Judge Barry Hickson in the Circuit Civil Court heard that on December 21st 2007, Nuala had caught the high heel of her shoe in a hole at the entrance to a descending moving walkway and fallen heavily – damaging her left ankle. Nuala told the court that she still suffered pain in the ankle and had been forced to give up playing tennis because of the injury.

The court also heard that liability for the injury had been admitted by the joint defendants but how much compensation for a fall on a moving walkway Nuala should receive was in dispute as Nuala had failed to visit her doctor for 10 days after the accident and exacerbated her injury by a separate fall in 2009.

After reviewing the medical evidence in support of Nuala´s claim, Judge Hickson awarded the former Miss Ireland €12,000 compensation for the fall on the moving walkway plus an additional €1,250 to account for the expenses she had incurred which were directly attributable to her accident.

Shop Shutter Compensation Claim fSettled in Court

A woman, who suffered facial injuries when she walked into a shop shutter, has had her shop shutter compensation claim for an accident in a newsagents settled at the Circuit Civil Court in Dublin.

Yvonne McEvoy (42) from Clondalkin, Dublin, had been shopping in Tuthill´s Newsagents in the Liffey Valley Shopping Centre when, in October 2010, she was distracted by a Halloween-themed display as she was exiting the shop and walked into a shutter that was partly closed.

The shutter, Judge Jacqueline Linnane at the Circuit Civil Court was told, was often used like this as the shop was about to close to dissuade new customers from entering, but Yvonne failed to hear the warning shouted to her by a shop assistant and walked straight into it – sustaining an injury to the left side of her face.

Judge Jacqueline Linnane heard from forensic engineer Alan Conlon that closed circuit television video recordings of the incident showed a previous customer ducking underneath the shutter as he left the shop, but that Yvonne was looking to her right as she walked towards the exit. The presiding judge also heard that Yvonne had fallen pregnant in 2011 and was unable to take painkilling medication to ease the pain.

Finding Tuthill´s Newsagents negligent by lowering the shutter while there were still people in the shop, Judge Jacqueline Linnane ruled in favour of Yvonne and awarded her 17,500 Euros in settlement of her compensation claim for an accident in a newsagents.

Injury Compensation for Dangerous Shop Display Approved

A County Wicklow schoolgirl, who sustained cuts and abrasions after catching her leg on a faulty cake display in Dunnes Stores, is to receive 21,000 Euros in injury compensation for dangerous shop display.

Jade Earls (11) from Bray in County Wicklow had been at the shop with her mother in the Dunnes Stores at Cornelscourt in Dublin when the accident happened in July 2010. As Jade passed by a display of cakes, she snagged her leg on some rusty nails which were protruding from the support for the stand.

Judge Alan Mahon at Dublin´s Circuit Civil Court heard that Jade sustained a 10 centimetre abrasion and a four centimetre laceration in the accident and, although both had healed completely, Jade had been left with a permanent scar on her left leg.

After seeking legal guidance, Jade made a claim for dangerous shop display injury compensation against Dunnes Stores and ABF Grain Products, Grosvenor Street, London, through her mother – Fidelma. The court heard that the two defendants had accepted liability on a 60&40 basis and that an offer of shop accident compensation had been made.

Judge Mahon heard that the offer of shop accident Ireland compensation for dangerous shop display amounted to 12,000 Euros plus costs and, as the family were prepared to accept the offer, he approved the settlement.

Slip on Grape Compensation Claim for Injury Upheld in High Court

A woman, who slipped on grapes which had dropped from a display outside a shop and hurt both wrists in her subsequent fall, has had her claim for slip on grape injury upheld in the High Court.

Samira Hassan (57) from Greenford, Middlesex, took the compensation action against shopkeeper Onkar Singh Gill (50) following her accident in 2005. While browsing the fruit display placed on tables outside Mr Gill´s “The Stall” shop in Greenford Road, Samira slipped on grapes which had fallen from the display and fractured both her wrists.

After seeking legal guidance, Samira made a compensation claim for slip on grape injury, claiming that the grapes on which she slipped were “mushy” and that the staff at Mr Gill´s shop had failed in their duty of care to the public. Mr Gill contested the claim – insisting that his staff had taken all reasonable steps to keep the pavement clear of debris – a County Court judge last year ruled that Mr Gill was liable for Samira´s injuries and ordered him to pay 111,859 pounds in accident compensation for slipping on a grape.

Mr Gill appealed the judge’s ruling but, at London´s High Court, Lord Justice Lloyd – sitting with Mr. Justice Morgan and Sir Stephen Sedley – upheld the County Court´s decision and order that Samira should receive her full settlement of accident compensation in respect of her claim for slipping on a grape injury.

Argos Accident Compensation for Fall in Awarded in Court

A man, who slipped and fell on a discarded wet wipe in Argos, injuring his shoulder in the process, has been awarded 17,500 Euros Argos accident compensation for a fall at Dublin´s Circuit Civil Court.

Declan Conroy from Dublin had in the Ilac Centre branch of Argos in Henry Street in May 2008 when the accident happened. While in the queue for the counter to order his mother a lawnmower, he fell on a wet wipe which had fallen on the floor and fell – severely damaging his shoulder.

After receiving medical treatment, Declan made an Argos accident compensation claim for a fall in Argos against the store – alleging that their method of checking the floor for potential hazards was lacking and he had suffered an injury as a consequence.

Argos denied liability for Declan´s shoulder injury; contending that CCTV footage showed the presence of the wet wipe just six minutes before Declan´s accident and insisting that staff could not be required to constantly monitor the condition of the floor surface in such a historically low-risk store.

However, a forensic engineer – testifying on Declan´s behalf – outlined in court that, due to the extra footfall in the queuing area where Declan´s accident occurred, a higher level of attention should be applied. It was also revealed that five minutes before the wet wipe first appeared on camera, CCTV footage showed a woman pushing a baby buggy through the area.

Judge Jacqueline Linnane at the Circuit Civil Court decided that, on the balance of probabilities, it was the woman with the baby buggy who was at fault for discarding the wet wipe and, as more than ten minutes would have elapsed between the slipping hazard being present and Declan sustaining his injury, Argos was liable.  Declan was awarded 17,500 Euros Argos accident compensation plus costs.

Toy Store Compensation for Fall in Approved in Court

A girl of five, who will be left with a permanent scar after a fall in Hamleys, has had a settlement of toy store compensation for a fall approved at the Circuit Civil Court.

Brianna Healy (5) from Ballinteer, Dublin, was just two years of age when she fell and hit her head at the Hamleys Toy Store in Dundrum, Dublin, on 23rd February 2009. Due to her accident, Brianna will have a permanent scar on her face for the rest of her life.

At the Circuit Civil Court, Mr Justice Matthew Deery heard that the toy store had admitted liability for Brianna´s injury, but the family had not been satisfied with the original offer of compensation for a fall in toy shop and had taken legal advice.

An improved offer of 27,500 Euros was negotiated, which the family were happy with, and after hearing that the case was before him for the approval of damages, Mr Justice Matthew Deery approved the settlement and wished Brianna well for the future.

Car Park Slip Compensation for Shop Car Park Victim

A woman, who slipped and fell on her way from a supermarket car park to the stores, is to receive an undisclosed amount of shop injury compensation after the shopping centre owners admitted liability for her injuries.

Gweneth Bowler (64) from Quorn, Leicestershire, broke her right shoulder and hip when falling on a wet surface that had formed within the covered bridge area connecting the Highcross Shopping Centre car park with the stores.

Following the slipping incident, which happened in January 2011, Gweneth wrote to Leicester City Council about her fall and injuries which prompted a health and safety investigation into the hazard. The investigation showed that the surface of the bridge posed a high risk of slipping when the weather was wet and that there was evidence of inadequate cleaning.

After seeking legal guidance, Gweneth then sued the owners of the shopping centre – Hammerson PLC – who accepted liability and negotiated an undisclosed settlement of shop injury compensation to account for the pain and suffering that Gweneth experienced at the time of her injury and her ongoing inability to drive and lift items of any weight.