High Court determines that a public house was liable for the injuries suffered by a woman who tripped and fell on its premises due to its failure to properly implement its cleaning system, and assesses damages at a total of €90,588.00.
Personal injuries – woman claimed that she suffered injuries when she was caused to trip and fall on liquid on the floor of a public house – suffered a dislocated thumb and injuries to the muscles and ligaments in her neck – public house denied liability – system of cleaning – location of the accident – circumstances surrounding the accident - fall was captured on CCTV – allegedly asked the manager to pop the thumb back into place and said that she had sufficient drink taken to allow this to be done – wearing four inch heels – evidence of complaints concerning water in the toilets – condition of the toilets disputed – whether it was a busy night - cleaning checklist – evidence of engineer – she pointed to the wrong location – claimed that she erred by only a few feet – explanation accepted by the court – court determined that it was a busy night – court accepted that the toilets were in a poor condition – satisfied that when she fell onto the floor, her hands and the knees of her jeans, were wet – cleaning system was not properly implemented - no contributory negligence – quantum of damages - allergic reaction to the plaster of Paris - very disabled in the weeks and months after the incident - had some physiotherapy treatment – medical evidence – she will continue to experience long term impairment in relation to her sensation and gripping in her dominant right hand - risk of developing degenerative arthritis in her neck – court satisfied she suffered a dislocation of her right thumb - she has been left with a diminution in sensation in the tip of the thumb and a reduced pinch grip between the thumb and forefinger - soft tissue injury that she suffered to her neck more serious - soft tissue injury was superimposed on pre-existing, but asymptomatic degenerative changes - rendered symptomatic as a result of the fall – she has had intermittent, but frequent neck pain since the accident - the disc prolapse was related to the initial injury - the altered sensation in her thumb and fingers and the lack of grip strength between the thumb and forefinger, suggests that the effects of the neck injury are ongoing - she should consider a sedentary type occupation – prognosis for the future is somewhat guarded - entitled to be compensated for loss of opportunity on the job market – general damages for pain and suffering to date of €60,000.00; together with general damages for future pain and suffering, €30,000.00 - special damages of €588.00 - total award of €90,588.00.