Posted: February 21st, 2015
A man who slipped and fell on the steps of a leading Dublin restaurant, fracturing his foot in the accident, has resolved his restaurant slip and fall injury claim at the High Court.
On 19th February 2011, John Reilly from Dun Laoghaire in Dublin was eating with friends at the city´s Fallon and Byrne restaurant in Exchequer Street when he went outside to smoke a cigarette. As he was returning, John slipped on the steps leading up to the restaurant which had been made wet by the rain.
John´s leg fell between the steps and he fractured two bones in his left foot, causing him immense pain. After receiving treatment for his injury, John sought legal advice and made a restaurant slip and fall injury claim against Fallon and Byrne on the grounds that the restaurant had failed to provide any grip on the stairs to reduce the risk of injury when the stairs were wet.
Fallon and Byrne denied its liability for John´s injuries and contested the restaurant slip and fall injury claim. They said that John had been outside for a cigarette on several previous occasions and had negotiated the stairs without injury each time. The restaurant denied that the stairs were wet and claimed that John had shown a “cavalier attitude” when returning to the restaurant the final time – skipping up the steps two at a time before slipping and fracturing his foot.
The case went to the High Court, where it was heard by Mr Justice Michael Moriarty. The judge was told the circumstances of John´s accident and that a €51,375 settlement of his restaurant slip and fall injury claim had been agreed subject to liability being determined. After a day of evidence, Judge Moriarty said he would adjourn the case overnight to consider his opinion.
When the court reconvened, Judge Moriarty found in John´s favour, but said that he had to take some of the responsibility for his accident due to his contributory negligence. The judge assigned one-third liability to John and reduced the settlement of his restaurant slip and fall injury claim to €35,250.
Categories: Accident News