Category: Supermarket Accident Claims

Supermarket accident claims for compensation enable you to recover compensation for injuries sustained due to negligence of the supermarket management or one of the store´s staff. Claims for supermarket accident compensation can be made when you have suffered an avoidable injury in an accident within the supermarket or in the supermarket car park, provided it can be established that the supermarket failed in its duty of care to provide you with a safe environment in which to shop. Some supermarket accident claims are unsuccessful when a hazard has just manifested which the supermarket has not had a reasonable amount of time to deal with. Therefore in order to establish that you have supermarket accident claims for compensation which are worth your while to pursue, you are invited to call our freephone Solicitors Advice Panel and discuss the circumstances of your supermarket accident with an experienced solicitor.

Burger King Accident Compensation of €7,000 Awarded to Boy (12)

A boy from Wexford has been awarded €7,000 in relation to an accident that occurred in a Dublin-based Burger King fast food outlet.

Judge John O’Connor was told, in the Circuit Civil Court, that a toilet door halled fallen off its hinges it hit the young three-year-old boy, and his father, who had been using the facilities in the Burger King Dublin restaurant.

Representing 12-year-old Jamie Mulholland – from Whiterock Drive, Whitebrook, Wexford Town – counsel Barry Browne informed the court that the fallen door the door had knocked Jamie’s father on top of him, injuring him in the process.

Appeared with Bismilla Solicitors Mr Browne advised the judge that Mr Mulholland and his son were seated in a cubicle-shaped area in the Nutgrove Shopping Centre Burger King outlet when the accident occurred in 2012. At the time Jamie three-years old, just two months shy of his fourth birthday celebration. Mr Browne said: “The cubicle door became detached from its hinges and fell on Mr Mulholland causing him to fall on top of his son.”

Mr Browne informed presiding Judge Justice O’Connor that a fast food restaurant compensation settlement offer of €7,000 had been made to Jamie by the OKR Group, operating as Burger King, and he was asking that the court approve the acceptance of the settlement offer.

He added that, even though he was of the opinion that Burger King would debate the allegation that the door in the restaurant had dropped off its hinges, he felt that if the legal action was permitted to proceed to a full trial setting the group would they would argue that the extent of injuries and suffering endured by Jamies. The court was informed that the young boy had experienced intermittent pain in his neck in the aftermath of the accident.

As he was approving the personal injury compensation settlement Judge O’Connor informed the court that he was of the opinion that the offer was a good one and should be accepted by the court.

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.


Former Supermarket Worker Awarded €105,000 Workplace Compensation for Cold Room Accident

A workplace accident award of €105,000 has been upheld by the Court of Appeal (CoA)    for a former part-time supermarket staff member who sustained an injury when she fell while operating a pallet truck moving wares.

37-year-old Pamela Phoenix, who now lives in Canada, and formerly of McDonnell Drive, Athy, Co Kildare, took the workplace compensation against Dunnes Stores due to the accident that she had on September 18, 2006. Ms Phoenix was trying to shift the pallet truck in reverse through a cold room when she suddenly slipped and fell heavily, injuring her bottom and back. 

A workplace accident compensation award of €105,929 was approved for Ms Phoenix in the High Court in 2016. The court agreed that she suffered chronic back pain and depressive symptomatology due to the supermarket workplace incident. By October 2007 she had gained a lot of weight. The judge said that he felt Ms Phoenix was a credible witness who did not exaggerate the suffering she experienced.

Dunnes Stores appealed the workplace compensation as, they argued, that the supermarket worker compensation award was excessive and disproportionately high.

Mr Justice Gerard Hogan, representing the three-judge Court of Appeal, upheld the supermarket workplace compensation award saying while it was probably in the upper range of what is normal, given the role of an appeallate court in other case law, the Court of Appeal cannot take any additional action in relation to this.

After the supermarket staff member accident Ms Phoenix was brought by ambulance to St Lukes’ hospital in Kilkenny. Her X-rays showed no serious damage and she was sent home with some pain-killing tablets. In the immediate aftermath of the the accident she had to use crutches to get around for a few days

She had difficulty returning to work with the same workload that she had tackled before the accident and changed jobs to a position with Elverys. In 2007, still experiencing a considerable amount of back pain, she departed that role. She also has difficulty in maintaining her studies at Maynooth University and became psychologically weak, eventually suffering from depression when she suffered a miscarriage n 2008. Following this Ms Phoenix moved to Canada to start a new life in 2013 where she married and had a baby in 2016.

Dunnes Slip and Fall Injury Claim Resolved in Circuit Civil Court

A shopper, who aggravated an existing condition when she slipped on a potato wedge, has resolved her Dunnes slip and fall injury claim at the Circuit Civil Court.

Sixty-year-old Anna Manning was shopping in her local Dunnes Stores in Clondalkin, Dublin, when she slipped on a discarded potato wedge and fell. As she initially believed she had suffered no injury, she allowed staff members help her to her feet. However the following day she attended her GP complaining of pains in her back and neck.

Following the November 2011 accident, Anna made a Dunnes slip and fall injury claim, alleging that the store had been negligent in failing to clear up an earlier spill of potato wedges. Dunnes Stores denied its liability for Anna´s injuries, and the Injuries Board issued her with an Authorisation after consent to process Anna´s application for assessment was denied.

The Dunnes slip and fall injury claim was heard recently at the Circuit Civil Court. At the hearing, Mr Justice Raymond Groarke was told that Anna had a history of back and neck pain, and that her pre-existing condition had been aggravated by the accident. The judge also heard that, as a result of the accident, Anna had developed wrist pain that affected her quality of life.

Dunnes Stores prepared a full defence against Anna´s claim and argued that she had contributed to her injuries by her own lack of care. The judge dismissed the claim of contributory negligence and said that Anna was a “very poor candidate” for a slip and fall in Dunnes Stores due to her previous medical history.

Judge Groarke found in Anna´s favour and awarded her €22,900 in settlement of her Dunnes slip and fall injury claim. He commented that, on the balance of probabilities, the potato wedge on which Anna had slipped and fallen had been a “brother or sister” of the wedges that had been cleared up earlier, and that Dunnes Stores was responsible for Anna´s injuries due to the failure to perform a thorough clear up of the spill.

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).

Judge Approves Settlement of Compensation for an Accident in Tesco

A Circuit Court judge has approved a €18,000 settlement of compensation for an accident in Tesco which left a nine-year-old schoolgirl with a permanent scar.

Angela Prendergast from Kilcoole in County Wicklow was just six years of age when – in September 2010 – she was shopping with her mother at the local Tesco Express Supermarket. As mother and daughter were browsing the frozen food section in the supermarket, Angela fell due to a slippery floor surface and banged her head against a freezer cabinet.

First Aid was administered at the supermarket by a Tesco employee before Angela´s mother – Ann Prendergast – took Angela to the local hospital. Angela´s cut was cleaned and stitched with glue at the hospital, but Angela still has a two centimetre scar on the right side of her forehead to remind her of the accident in Tesco.

After reporting the accident to the supermarket and seeking legal advice, Ann Prendergast made a claim for compensation for an accident in Tesco on her daughter´s behalf. Tesco Ireland Ltd admitted their liability for Angela´s injury and a settlement of €18,000 was agreed between the two parties.

As the claim for an accident in Tesco had been made on behalf of a minor, the settlement of compensation had to be approved by a court before Angela´s case could be closed. Consequently, at the Circuit Civil Court in Dublin Mr Justice Matthew Deery was told the circumstances of Angela´s accident in Tesco.

After hearing how Angela had slipped and banged her head as she fell, and after seeing the scar on Angela´s forehead, Judge Deery approved the settlement of compensation for an accident in Tesco and ordered that the funds be paid into court until Angela reaches the age of maturity.

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.

Court Awards Compensation for Complex Regional Pain Syndrome Injury

A woman in the United States has been awarded compensation for complex regional pain syndrome after an accident in a supermarket left her with a neurological injury.

Fifty-one year old Rose Nudelman from New York had just finished shopping with her husband in the Brooklyn branch of Costco Supermarket when she wheeled her loaded shopping trolley onto the ascending supermarket escalator between floors of the supermarket.

The tread on the escalator had been constructed in such a way that supermarket customers did not have to hold onto their trolleys to prevent the trolleys rolling back down the slope; however, on this occasion, Rose´s trolley broke free of the mechanism and struck her on the wrist with force.

Despite not having sustained any apparent physical injuries, Rose and her husband had the foresight to report the accident to the supermarket after it happened. However, within two weeks Rose started to experience mobility problems which deteriorated to the point that she was only able to hobble around her home with the use of a walking stick.

Rose´s doctors diagnosed that she had developed the neurological condition “Complex Regional Pain Syndrome” caused by nerve damage when she was struck by the shopping trolley. Rose sought legal advice and made a claim for compensation for her complex regional pain syndrome injury.

Costco Supermarket rejected her claim, contending that she had exaggerated the level of her injury to extract the maximum compensation settlement. Not dissuaded, Rose continued with her claim and, following a court hearing, a New York jury awarded Rose $9.9 million in compensation for complex regional pain syndrome injury.

Costco Supermarket´s insurers have said that they intent to appeal the size of the settlement, but Rose´s solicitor commented that no amount of money would persuade anybody he knew to exchange places with his client.

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.