Woman who sued pub over stairs fall loses High Court claim

By Ann O'Loughlin

A cleaner who dislocated her ankle when she fell on stairs as she went to the toilet in her local pub has lost her claim for damages in the High Court.

Antoinette Johnston was wearing stiletto heels when she tripped and fell at The Vllage Inn, Clondalkin two years ago.

Mr Justice Kevin Cross said the 28-year-old woman did not exaggerate her injuries and he accepted her account of how the accident happened, but he said the accident was not foreseeable.

The judge adjourned the question of who will pay the costs of the one-day court hearing to next week.

Antoinette Johnston, Kilmuhuddrick Road, Clondalkin , Dublin had sued Clondalkin Taverns Ltd, the owners of The Village Inn, Main Street, Clondalkin as a result of the accident on February 7, 2016.

She had claimed owing to the alleged dangerous and defective condition of the stairs she was caused to fall.

The pub had denied the claims and contended Ms Johnston fell because the heel of her stiletto snapped.

In his ruling, Mr Justice Kevin Cross said Ms Johnston was a most pleasant lady who had on February 7, 2016, gone to her local pub with friends to watch soccer on the TV.

After 10pm she went to the toilet which the judge said was down three flights of stairs. She went down the first flight but on the second flight as she stepped on the third step she was caused to trip and fall when she said her stiletto heel became caught in the nosing of the step.

She was taken to hospital and had to have screws inserted. Her ankle was in a cast for eight weeks and she was also out of work for four months.

Mr Justice Cross said Ms Johnston did not exaggerate her injuries but the judge said the dispute in the case was on liability.

He said he accepted her heel got caught and as a matter of probability her heel caught on the slightly raised nosing on the step.

The judge said her foot must have been sliding along the step so had come in contact with the nosing. He said he accepted Ms Johnston’s account of how the accident happened.

The judge said, while a higher standard of care is to be expected at a licensed premises than a corner shop, they are not insurers.

The duty was one of reasonable care and the essential question was the presence of raised nosing of 1mm to 1.5mm a breach of that duty of care and the judge could not accept that was the case.

The highly unusual circumstances of the accident, where Ms Johnston's foot moved along the step were not foreseeable, the judge added dismissing the case.