Posted: October 11th, 2018
€15,000 in travelator injury compensation has been awarded to a man (83) who was injured in a fall when his shopping trolley jammed.
In the Circuit Civil Court Judge Sarah Berkeley was told that John Ansell of Listrolin, Mullinavat, Co Kilkenny was on a travelator at the Showgrounds Shopping Centre in Clonmel, Co Tipperary when he fell backwards, injuring his neck and shoulder and cutting his left hand.
Mr Ansell, told the Judge that he had taken a trolley from the Iceland Store. When he was finished paying for his groceries he decided to use the moving walkway to make his way to the second-level car park. When he was about to step off of the travelator with the trolley it jammed. He (Mr Ansell) tried unsuccessfully free it while the walkway kept moving. Other shoppers helped him to release the trolley but it skewed sideways suddenly and threw him back.
Mr Ansell took the shopping centre injury compensation action against two receivers who control the assets of MK 1 Property Investments, the owners of Iceland and Ennis Lifts.
Judge Berkeley was presented with evidence from four experts who attempted to apportion liability for the condition of the moving walkway/travelator and the Iceland trolley used by Mr Ansell.
Judge Berkeley pointed to the evidence that Mr Ansell did not experience any issues with the shopping trolley until he was stepping off the travelator. She added that Mr Ansell was completely blameless for the accident. The judge also referred to the testimony of Mr Ansell’s wife, Karen, that the shopping centre manager had informed her that a similar accident had occurred just one week previous to her husband’s fall. Due to this the judge deemed Mr Ansell’s accident as foreseeable and criticised the failure of the shopping centre management to take action following the previous accident.
As Ennis Lifts had fulfilled the obligations of their maintenance contract the judge awarded the €15,000 travelator injury compensation award jointly against the two receivers and the owners of Iceland.