€46k award for man who slipped on Castolin Eutectic Ireland Ltd factory floor in Dublin

A man who slipped on a factory floor as he pushed a pallet truck has been awarded over €46,000 by a High Court judge.

Daniel Hanley’s fall, Mr Justice Kevin Cross said, triggered pain and had an effect on his lifestyle.

Mr Hanley, aged 24, of Ivar St, Stoneybatter, had sued Castolin Eutectic Ireland Ltd of Magna Business Park, CityWest, Dublin, as a result of the fall on March 5, 2012.

Mr Hanley slipped and hurt his back as he pushed a pallet truck.

It was claimed there was a failure to provide Mr Hanley with a safe system and place of work, and a failure to ensure the floor surface was suitable and fit for purpose.

It was also claimed there was a dangerous accumulation and spillage of graphite on the floor.

Castolin denied the claims and said there was not an accumulation of graphite on the floor.

It contended that Mr Hanley was the author of his own misfortune.

Mr Justice Cross said there was no suggestion Mr Hanley was doing anything wrong when he fell. The judge found the fall was due to graphite, possibly a small amount, being on the floor.

Mr Justice Cross said there had been evidence in court of a number of falls in the area and, after one a month before Mr Hanley’s fall, a number of suggestions were made, but Castolin did not do anything.

Safety measures, the judge said, should have been put in place.

There was no contributory negligence on behalf of Mr Hanley.

He was taken to hospital and given medication and was out of work for six weeks after the accident.

Awarding a total of €46,500, the judge said Mr Hanley had had an active sporting life before the fall.