Posted: October 15th, 2015
A bar in Dublin has been found to be liable by the Circuit Civil Court for a hand injury sustained by a painter and decorator.
The claim for compensation was made by thirty-one year-old David O’Keefe, who fell whilst watching the All Ireland Football Final in 2011 at the Woolshed Baa & Grill. The bar, located on Parnell Street, was very full and David fell whilst trying to make his way to the bathrooms.
Yet there was a wet area of the floor en route to the bathrooms that David did not see, causing him to fall and cut his hand on a piece of glass left on the floor. Staff at the bar performed first aid, and David then attended the Accident & Emergency Department of St. James’ Hospital, where he received further treatment.
David then sought legal counsel before proceeding to make a claim for compensation against the Woolshed Baa & Grill. He alleged that the staff in the bar had allowed glasses to perilously stack up, and that one of these stacks had probably fallen over and broken. He also claimed that any drinks that were spilt were left unattended and that the staff did not engage in adequate cleaning protocol.
However, Woodshed Baa & Grill denied any liability in David’s injuries whilst also refusing consent to the Injuries Board assessment of the claim. As such, David was granted authorisation by the Injuries Board to pursue his claim though the courts. A hearing to establish liability was held earlier this month in the Circuit Civil Court, Dublin, by Judge Jacqueline Linnane.
During the hearing, legal representatives for the bar argued that David sustained his injuries when his friends tried to lift him whilst he was holding a glass. The owner of the facility also testified that his staff did follow adequate cleaning procedures on the day of the accident, but that the accident report that had been filled had since been lost.
Judge Linnane found in David’s favour, stating that the bar would have been full “to the point that one would not have been able to see that the floor was wet”. She proceeded to award David a €20,000 compensation settlement for his injured hand.
Categories: Personal Injury News