Thursday, 21 June, 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 compensation for a fall in Argos 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 accident happened. While in the queue for the counter to order his mother a lawnmower, 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 injury compensation claim for a fall in Argos 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; contending 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 – testifying 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 revealed 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 decided 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 compensation for a fall in Argos plus costs.
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