A 79-year old woman, who fractured her shoulder in three places after a fall on the travelator at the Dunnes Store in Dublin, has been awarded 30,000 Euros travelator fall injury compensation.
Rosaleen Hill had been at the store on 23rd March 2009 and was returning to the underground car park on a moving travelator, when the trolley she was using began to run away from her control. Trying to keep her control of the trolley, Rosaleen fell and was dragged along the floor of the travelator – breaking her right shoulder and severely lacerating her knee.
After receiving treatment for her injuries, Rosaleen file a compensation claim for travelator fall injury against Dunnes Stores, Gary Smith, trading as The Ashleaf Shopping Centre and Kessow Limited which runs the centre, claiming that the three defendants were negligent in providing a shopping trolley which was not safe to use.
However, at the Circuit Civil Court in Dublin, Judge Jacqueline Linnane threw out the case against Dunnes after a forensic engineer testified that the shopping trolleys used by Dunnes were fitted with corrugated rubber wheels that locked into the groves on the travelator, controlling the travel speed. The judge heard that the trolley which was to blame for her (Rosaleen´s) injuries was fitted with smooth wheels and had possibly been placed in the trolley area by shopfitters working in the shopping centre.
Both Gary Smith, trading as The Ashleaf Shopping Centre and Kessow Limited were found jointly negligent and directed by Judge Jacqueline Linnane to pay Rosaleen 30,000 Euros in travelator fall injury compensation after listening to Consultant Orthopaedic Surgeon Paul Nicholson describe Rosaleen´s shoulder injuries as extremely painful.
A customer, who fell on a discarded baby wipe in the Dublin branch of Argos and injured his shoulder when he fell, has been awarded 17,500 Euros in compensation for an injury in Argos at the Circuit Civil Court.
Declan Conroy had been shopping at the Ilac Centre branch of Argos on Henry Street in May 2008 when his injury was suffered. While in the queue for the counter to order a lawnmower for his mother, he fell on a discarded baby wipe and fell – injuring his shoulder in the process.
Once he had been given medical attention, Declan filed a compensation claim for an injury in Argos against the store – alleging that their system of monitoring the store for potential slipping hazards was inadequate and he had suffered an injury as a consequence.
Argos refused to admit liability for Declan´s injury; claiming that CCTV footage showed the presence of the baby wipe just six minutes before Declan´s incident and contending that employees could not possibly be required to constantly monitor the floor for slip hazards in a historically low-risk store.
When the claim was heard in court, Judge Jacqueline Linnane heard a forensic witness – speaking on Declan´s behalf – testify that, because of the extra footfall in the queuing area, a greater level of watchfulness should be applied. It was also revealed in court that five minutes before the baby wipe was first seen on camera, CCTV footage recorded a woman pushing a baby buggy through the area where Declan slipped.
Judge Jacqueline Linnane ascertained that, on the balance of probabilities, it was the woman with the baby buggy who was to blame for dropping the baby wipe and, as more than ten minutes would have passed between the baby wipe being present on the floor and Declan sustaining his shoulder injury, she was finding Argos liable. She awarded Declan 17,500 Euros compensation for an accidental injury in Argos injury plus costs.
An 11-year-old girl, who seriously cut her leg on a stand displaying cakes in a supermarket, has had her settlement of compensation for shop display injury approved at the Circuit Civil Court in Dublin.
The court was informed how Jade Earls had been shopping in the Cornelscourt branch of Dunnes Stores July 16, 2010. As she walked by a display stand for cakes, Jade caught her leg on rusty nails exposed on a piece of wood which was hanging down from the display.
Judge Alan Mahon was told that Jade susatined a ten centimetre abrasion and a four centimetre laceration which – although it had gotten better – lead to a permanent scar on her left leg. Through her mother – Fidelma – Jade made a compensation claim for faulty shop display injury against Dunnes Stores and the company responsible for the cake display stand – ABF Grain products of Grosvenor Street, London. This type of accident might seem fairly uncommon, but trips and slips in supermarkets are very common.
The judge was also told that Dunnes Stores and ABF Grain Products had admitted liability for Jade´s accident on a 60/40 basis, and that an offer of compensation for faulty shop injury amounting to 12,000 Euros plus legal expenses had been tabled, which the family were willing to accept.
The settlement was granted approval by the court.