‘Claims culture’ blasted by restaurants

The restaurant sector has hit out at a “spiraling claims culture” after the High Court awarded €20,000 in damages to a woman who banged her knee against the leg of a table while sitting down to dinner.

Annette O’Connor, aged 48, of The View, Larchill, Santry, Dublin, had been directed to a table in the Mullingar Park Hotel restaurant, had waited while the manager politely withdrew her chair, then sat down and injured her left knee as she pulled her chair in to the table.

She claimed that being directed to the table setting right over the leg, which was concealed by a table cloth, constituted “a trap” and negligence on the part of the hotel owners Euro Plaza Hotel Limited, which trades as the Mullingar Park Hotel.

She had been awarded €18,000 damages at Mullingar Circuit Court by Judge Doirbhile Flanagan whose judgment was appealed to the High Court. Ms Justice Faherty affirmed the lower court’s finding and increased damages to €20,000 and costs.

Reacting to the award, the chief executive of the Restaurant Association of Ireland, Adrian Cummins, said the award would have serious ramifications for the restaurant sector.

“I have never seen a reaction like I have seen to this payout from within the industry. I think people don’t realise just how serious the ramifications are for the sector when we see a decision like this.

“If someone can get €20,000 for banging their knee off a table, the ramifications are huge. Insurance costs are going to go through the roof and the restaurant sector is going to be severely penalised and nothing is being done about it,” he said.

Mr Cummins said the Government was focusing solely on motor insurance costs, when a “spiraling claims culture” was affecting the insurance costs of other sectors.

“Our legislators seem to be entirely focused on motor insurance when it’s a wider issue right across the insurance sector. It is not right to cherry pick, we need to deal with the issue in its entirety,” he said.

Mr Cummins said many in his sector would not have deep enough pockets to appeal rulings.

“The judiciary are at fault here also. We had the case where the woman walking in the Wicklow Mountains was awarded €60,000 but it was overturned on appeal by the National Parks and Wildlife Service. That’s the State though, and they have the deep pockets to fight the decision. Not everyone else does,” he said.

The Irish Hotels Federation said it does not comment on specific court cases.