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.
Categories: Shop Accident Compensation