Woman awarded €83,000 after slipping and injuring knees in Dunnes Stores

Judge rules that women who said she underwent knee replacement surgery, had not embellished her case

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1 December 2020

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Damages amounting to €83,000 have been awarded by the High Court to a woman who slipped and injured her knees in a Dunnes Stores in Dublin.

After falling at the Dunnes in Ashleaf Shopping Centre in Dublin on 27 June 2013, Doris Whelan took her case against Dunnes to court.

The judge, Mr Justice Michael Hanna said in his ruling that he was satisfied that a small amount of an oil-like substance was on the floor, and that is what had caused Ms Whelan to slip. He subsequently found that she was entitled to damages.

Denying liability, Dunnes pleaded that Ms Whelan had contributed to her injuries by failing to look where she was going.

Nevertheless, Mr Justice Hanna accepted evidence she had slipped on a small amount of an oil-like substance, which came from a stock trolley used to stock shelves in the supermarket.

As a result of her fall, Ms Whelan said she suffered significant soft tissue injuries to her knees which over time seriously impacted her ability to walk and stand and she had to undergo knee replacement surgery.

Mr Justice Whelan found that she had not overstated nor embellished her injuries nor details of her fall to the court. He awarded total damages of €83,250 but placed a stay on the award, as long as an interim payment of €40,000 is made to Ms Whelan, in the event of an appeal.

 

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