Posted: February 7th, 2016
A woman has been compensated for injuries she sustained whilst attending a Dublin bar.
Whilst celebrating a 30th birthday on the 28th May 2011, Sharon Kelly – herself aged forty-four- attended the Arc Café Bar on the Fonthill Road, Dublin. However, as she was trying to cross the busy floor in the lobby to access the bathrooms, Ms Kelly slipped on some liquid and disclosed her thumb.
Ms Kelly’s injury pained her greatly, and caused a loss of sensation in the digit as well as affecting her ability to grip. After seeking legal counsel, Ms Kelly made a claim for her bar injury against Lackabeg Limited, who trades as the Arc Café Bar. In her claim she stated that their failure to monitor the floor and take action when there was liquid on it caused her injury.
However, Lackabeg Limited denied any liability for Ms Kelly’s injury, and counter-argued that the bar had indeed employed a comprehensive cleaning system. They claimed that Ms Kelly was drinking for more than five hours that evening, and that combined with the four-inch heels she was wearing actually caused her fall.
As liability was being contested, the Injuries Board told Ms Kelly that she could proceed to the courts with her injury claim. The case was heard in Dublin’s High Court, where Mr Justice Anthony Barr oversaw proceedings.
Judge Barr was informed that the liquid that was on the floor was either from a customer spilling their drink or from some walking it out of the ladies’ toilet. Two other women testified that the conditions in the ladies’ bathrooms that night had been substandard, and complaints had been made to the staff.
CCTV footage of the accident was also shown, where it could be seen that there was a lot of people at the bar that night on account of a two-for-one drinks promotion and a Champions League match being shown. Judge Barr said he believed there was liquid on the floor where Ms Kelly fell.
Judge Barr commented “People cannot be expected to look at the floor when walking across a bar. She was entitled to expect that the floor was dry and it was safe for her to walk across it.” He then awarded Ms Kelly €90,000 in compensation.
Categories: Personal Injury