Pensioner awarded €137k after breaking hip in store fall
Bernadette O’Leary, aged 77, of Cross Road House, Ahaliskey, Ballinascarthy, Clonakilty, said she was in a lot of pain after the accident and had spent 48 hours on a hospital trolley.
The accident happened at Dunnes Stores in Clonakilty on July 2, 2013. Mrs O’Leary said she was looking for a waterproof canopy for her stall of homemade cakes and other foods, which she sells at the Clonakilty farmers market on Fridays.
She went to an assistant stocking a shelf and asked about the item. “I asked if it was waterproof. He said, ‘I will find out, follow me’. I followed him. I came around an aisle. There was something on the floor. I did not see it, it got stuck in my foot. I stumbled and stumbled and stumbled and I fell,” Mrs O’Leary said.
Mr Justice Henry Abbot said the court had the benefit of seeing the accident on CCTV. He described it as a serious impact which resulted in Mrs O’Leary breaking her hip.
During the case Michael Gleeson, for Mrs O’Leary, said a folded-up deckchair had been left on the aisle prior to packing it on a shelf. This was in breach of the safety statement for Dunnes, where it stated that items should not be left in the aisle to form a hazard.
Mr Gleeson said this situation was aggravated by the fact that the shop assistant — although acting decently and helpfully— had said ‘follow me’ as he went to inquire if the gazebo was waterproof. He said that, in liability terms, the defendant had invited the plaintiff into the path of a hazard on which she fell and was injured.
Mr Justice Abbot said although Dunnes Stores was not to be penalised for any excess in its challenge of the plaintiff, it had suggested through senior counsel John Lucey that she should have taken more care to look where she was going.
The judge found 100% against Dunnes Stores on liability.
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