€25-a-week cleaning lady, 79, awarded €105k for fall down stairs at market in Dublin

A cleaning lady who fell down a stairs at the Blackrock Market in Dublin fracturing her arm has been awarded €105,000 by a High Court Judge.

Mary McKenna who was 74 years of age at the time of the fall on a wooden staircase was working three hours one morning a week at the market for €25 a week.

Ms Justice Deirdre Murphy said she was satisfied the cleaning lady fell as a result of “an inappropriate stair arrangement” and the fall has had “a devastating effect on her life”.

Up until the accident, the judge said Mrs McKenna was remarkably independent and able to carry out the physically demanding job of cleaning.

“The fact that she was able to do it at 74 years of age, I am impressed by that,” the judge said.

For a person her age, she will never get back what she had.

"The court is satisfied it is a serious injury that has had a serious effect on Mrs McKenna.”

Ms Justice Murphy said the incident has had a major effect on the nature of Mrs McKenna’s existence and “her ability to earn pin money.”

The judgement is against businessman Nicholas Roche the owner of Blackrock Market, Main Street, Blackrock, Dublin, who did not attend court for the hearing.

Judgement was obtained in default of appearance and Judge Murphy said she was satisfied Mr Roche had been served with notice of the proceedings. She also granted costs against Mr Roche.

Mary McKenna (aged 79), Achill Road, Ballybrack, Co. Dublin, had sued businessman Nicholas Roche her employer and the proprietor of Blackrock Market, Main Street, Blackrock, Dublin, as a result of the accident on October 28, 2014, as she descended a wooden staircase which was exposed to the elements.

It was claimed there was an alleged failure to warn stair users of the alleged dangerous condition of the stairs and an alleged failure to have a suitable handrail installed. It was further claimed the stairs were allowed to be in an alleged wet and dangerous condition.

Mrs McKenna’s counsel Paul Burns SC told the court it had been raining the day of the accident and the wooden staircase was exposed to the elements.

Counsel said it was their case that the handrail installed was “totally unsuitable” and Mrs McKenna slipped and couldn’t stop herself and fell heavily on her left shoulder.

She fractured her arm and had to have surgery the next day where a metal plate and pin were inserted. She has been left with a limited range of movement in her shoulder, Counsel said.

In evidence, Ms McKenna who is a mother of four and a grandmother said she had been working for nine years as a cleaner at the market at the time of the accident.

“I was coming down the stairs. I slipped and I fell back,” she said.

The stairs were very wet and there was heavy rain that day.

She said she was in pain and her husband came and collected her and brought her to hospital.

Afterwards, she said she could not do normal housework or reach up with her left hand to hang clothes out on the line. She said her husband Barney has to help her.

She described her cleaning work at Blackrock Market as hard work and said she never went back to work after the accident.