Shop Accident Compensation
A claim for shop accident compensation enables you to claim compensation for an injury you have sustained in a shop accident which could have been avoided had greater care been taken of your health and safety. Not all accidents in shops qualify for shop accident compensation in Ireland as a shop´s duty of care is not “absolute” and therefore it is in your best interests to discuss the circumstances of your shop accident with an experienced solicitor on our Free Help Line for practical and helpful advice with no pressure on you to proceed with a claim for shop accident compensation once you have spoken with us.
Posted: October 11th, 2018
€15,000 shopping centre injury compensation has been awarded to an 83-year-old mad who was injured in a fall when his shopping trolley got stuck on a travelator.
Judge Sarah Berkeley in the Circuit Civil Court was advised that John Ansell of Listrolin, Mullinavat, Co Kilkenny was travelling on a moving walkway at the Showgrounds Shopping Centre in Clonmel, Co Tipperary when the incident caused him to fall backwards, injuring his neck and shoulder and his left hand.
Mr Ansell told the Circuit Court that he had been going with the trolley from the Iceland Store, after he had paid for his shopping, towards the second-level car park and decided to use the travelator. When he was about to leave the travelator the trolley suddenly got stuck. Mr Ansell attempted to free the trolley but it his efforts were in vain as the moving walkway kept running. People closeby came and aided him in releasing the trolley but it shifted sideways suddenly and flung him backwards.
The shopping centre accident compensation action was taken against the two receivers who control the assets of MK 1 Property Investments, the owners of Iceland and Ennis Lifts who maintain the travelator.
Judge Berkeley was given a presentation from from four experts who sought to assign blame for the poor working of the moving walkway and the Iceland shopping trolley.
Judge Berkeley referred to the fact that Mr Ansell had no trouble with the shopping trolley until he was leaving the travelator. She went on to say that Mr Ansell was 100% not to blame for the accident that occurred. The judge said that he accepted the testimony of Mr Ansell’s wife, Karen, that the shopping centre manager had told her about a similar accident had happened just one week before her husband’s accident. As a result of this the judge deemed Mr Ansell’s accident as foreseeable and criticised the failure of the shopping centre management to address the condition of the moving walkway after the first incident.
As Ennis Lifts had completed the obligations of their maintenance contract the judge awarded the €15,000 shopping centre accident compensation award jointly against the owners of Iceland and the two receivers.
Posted: February 23rd, 2015
A man has been awarded compensation for a slip on the steps of a restaurant after a hearing at the High Court to determine liability.
John Reilly (49) from Dun Laoghaire in Dublin was dining with his wife and some friends at the Fallon and Byrne Restaurant in Exchequer Street when, on February 19th 2011, he went outside to smoke a cigarette. As he was returning from his smoke, John slipped on the steps leading up to the restaurant and fell – breaking two bones in his left foot.
After receiving medical treatment for his injury, John claimed injury compensation for a slip on the steps of a restaurant against Fallon and Byrne, alleging that there was no grip on the stairs to prevent the risk of an injury when the stairs were wet.
Fallon and Byrne contested its liability for John´s injuries and said that John was responsible for his own injury due to the cavalier attitude he had shown by skipping up the steps two at a time on his return to the restaurant. The restaurant also defended the claim by saying that John had been outside for a cigarette several times before and had negotiated the steps back into the restaurant without any difficulty.
As Fallon and Byrne were not prepared to admit liability, the Injuries Board issued an Authorisation for the case to be heard at court. Prior to the court hearing to determine liability, an agreement was reached that John would be entitled to €51,375 compensation for a slip on the steps of a restaurant if the judge found in his favour.
After the first day of the hearing Mr Justice Michael Moriarty said he would adjourn the case overnight to consider his opinion. When the court reconvened the following day, Judge Moriarty found in John´s favour, but said that John had to take some of the responsibility for his accident due to the way in which he had attempted to take the steps two at a time.
The judge assigned one-third liability to John for his contributory negligence and reduced the settlement of compensation for a slip on the steps of a restaurant to €35,250.
Posted: September 26th, 2013
A woman in New York has been awarded $9.9 million in supermarket accident compensation after developing complex regional pain syndrome due to being hit by a shopping trolley.
New York residents Rose Nudelman and her husband had just finished shopping at their local Costco Supermarket in Brooklyn, when the couple took their loaded supermarket shopping trolley onto the ascending escalator in the supermarket complex.
The tread on the escalator had been designed in such a way so that the wheels of the supermarket trolleys would catch on the tread and prevent them from rolling down the slope. However, while Rose and her husband were on the escalator, the trolley wheels slipped from the tread and the trolley started to roll down the escalator, catching Rose on the wrist.
Although it did not appear at the time that the fifty-one year old designer had sustained any significant injury, Rose and her husband reported the incident to the supermarket management. However, within two weeks of the incident happening, Rose began to experience issues with walking.
Her condition deteriorated so quickly that she was only capable of hobbling around her home with the aid of a walking stick and, after several tests at her doctors, Rose was diagnosed with the neurological injury “Complex Regional Pain Syndrome”.
Rose´s injury was attributed to the knock on the wrist she received at the supermarket and, after seeking legal advice, Rose made a claim for compensation for a supermarket accident against Costco Supermarket.
The supermarket rejected her claim and alleged that she had exaggerated the level of her injury to justify claiming compensation; however Rose´s solicitor believed that his client had a viable case, and pursued her claim by issuing court proceedings.
Costco continued to deny any liability for Rose´s injury, and refused to settle the supermarket accident compensation claim out of court. However, when the case was heard in New York, the jury found in favour of Rose and awarded her $9.9 million in damages.
Costco public liability insurers have said that they will appeal both the verdict and the size of the compensation award but, after hearing about a possible appeal, Rose´s solicitor commented that no amount of supermarket accident compensation would convince anybody he knew to trade places with his client.
Posted: October 29th, 2012
A woman, who suffered facial injuries when she walked into a shop shutter, has had her compensation claim for an accidental injury in a newsagents settled at the Circuit Civil Court in Dublin.
Yvonne McEvoy (42) from Clondalkin, Dublin, had been doing her shopping in Tuthill´s Newsagents in the Liffey Valley Shopping Centre when, in October 2010, she was distracted by a Halloween display as she was departing the shop and walked into a partly closed shutter.
The shutter, Judge Jacqueline Linnane at the Circuit Civil Court was told, was often partly closed as the shop was about to shut to prevent new customers from entering the shop, but Yvonne failed to hear the warning shouted to her by a shop assistant and walked straight into it – sustaining an injury to the left side of her face.
Judge Jacqueline Linnane heard from forensic engineer Alan Conlon that CCTV video footage of the incident showed a previous customer ducking underneath the shutter as he left the shop, but that Yvonne was looking to her right as she walked towards the exit. The judge also heard that Yvonne was expecting a child in 2011 and was unable to take painkillers to ease the pain.
Declaring Tuthill´s Newsagents negligent by lowering the shutter while there were still customers in the shop, Judge Jacqueline Linnane found in favour of Yvonne and awarded her 17,500 Euros in settlement of her compensation claim for an accident in a newsagents.
Posted: June 23rd, 2012
A man, who slipped and fell on a discarded wet wipe in Argos, injuring his shoulder in the process, has been awarded 17,500 Euros Argos fall compensation at Dublin´s Circuit Civil Court.
Declan Conroy from Dublin had been shopping in the Ilac Centre branch of Argos in Henry Street in May 2008 when the incident happened. While in the queue for the counter to order a lawnmower for his mother, he slipped on a wet wipe which had fallen on the floor and fell – severely damaging his shoulder.
After receiving medical treatment, Declan made an Argos Fall compensation claim against the store – alleging that their method of checking the floor for potential hazards was lacking and he had suffered an injury as a consequence.
Argos denied liability for Declan´s shoulder injury; stating that CCTV footage revealed the presence of the wet wipe just six minutes before Declan´s accident and insisting that staff could not be required to constantly monitor the condition of the floor surface in such a historically low-risk store.
However, a forensic engineer – appearing on Declan´s behalf – explained in court that, due to the extra footfall in the queuing area where Declan’s accident occurred, a higher level of attention should be applied. It was also shown that five minutes before the wet wipe first appeared on camera, CCTV footage showed a woman pushing a baby buggy through the area.
Judge Jacqueline Linnane at the Circuit Civil Court ruled that, on the balance of probabilities, it was the woman with the baby buggy who was responsible for discarding the wet wipe and, as more than ten minutes would have elapsed between the slipping hazard being present and Declan sustaining his injury, Argos was liable. Declan was awarded 17,500 Euros Argos fall compensation plus costs.
Posted: June 22nd, 2012
A County Wicklow schoolgirl, who sustained cuts and abrasions after catching her leg on a faulty cake display in Dunnes Stores, is to receive 21,000 Euros in compensation after her shop accident compensation for dangerous shop display settlement was approved in court.
Jade Earls (11) from Bray in County Wicklow had been shopping with her mother at the Dunnes Stores at Cornelscourt in Dublin when the accident happened in July 2010. As Jade passed by a stand displaying cakes, she snagged her leg on some rusty nails which were protruding from the support for the stand.
Judge Alan Mahon at Dublin´s Circuit Civil Court heard that Jade sustained a 10 centimetre cut and a four centimetre laceration in the accident and, although both had healed successfully, Jade had been left with a permanent scar on her left leg.
After seeking legal counsel, Jade made a claim for dangerous shop display injury compensation against Dunnes Stores and ABF Grain Products, Grosvenor Street, London, through her mother – Fidelma. The court heard that the two defendants had admitted liability on a 60&40 basis and that an offer of compensation had been made.
Judge Mahon heard that the offer of shop accident compensation for dangerous shop display amounted to 12,000 Euros plus costs and, as the family were prepared to accept the offer, he approved the settlement.
Posted: May 19th, 2012
A girl of five, who will be left with a permanent scar after a fall in Hamleys, has had a settlement of toy sop fall compensation approved at the Circuit Civil Court.
Brianna Healy (aged 5) from Ballinteer, Dublin, was just two-years-old when she fell and hit her head at the Hamleys Toy Store in Dundrum, Dublin, on 23rd February 2009. Due to her fall, Brianna will have a scar on her face for the rest of her life.
At the Circuit Civil Court, Mr Justice Matthew Deery was told that the store had admitted liability for Brianna´s injury, but the family had not been satisfied with the original offer of compensation for a fall in toy shop and had taken legal advice.
A revised offer of 27,500 Euros was negotiated, which the family were satisfied with, and after hearing that the case was before him for the approval of damages, Mr Justice Matthew Deery approved the settlement and wished Brianna well for the future.
Posted: February 16th, 2012
A woman who walked into a Dublin advertising poster, and sustained head and neck injuries, has settled her low hanging poster injury compensation for 38,000 Euros.
Sandra Memery (48) was leaving her local McDonald´s restaurant with her child on 16th September 2009 when the accident occurred. Having turned back towards her daughter to give her a bag, she started walking forward again, and immediately hit her head on the corner of the low hanging poster campaigning on behalf of Fianna Fail for a “Yes” vote in the second Lisbon Treaty referendum.
After feeling sick for a day, Sandra visited her doctor, where she was diagnosed with lacerations to her scalp, a swelling over her right temporal and soft tissue damage to her neck. Sandra, who is 5 ft 5 in tall (1.65m) made a low hanging poster injury compensation claim, stating that the campaign poster should have a minimum of three metres clearance from the floor.
In contesting the claim, Fianna Fail and Executive Posters Ltd jointly claimed that Sandra was responsible for her own injuries through contributory negligence and should have paid more attention to where she was walking. However, shortly before Sandra´s case was about to be heard at Dublin´s Circuit Civil Court, her legal representatives announced to the court that a low hanging poster injury compensation settlement had been agreed upon in the amount of 38,000 Euros.