A canteen worker from Dunnes Stores in Clonmel has been awarded €82,750 compensation for a slip on a frozen chip which resulted in her suffering a serious knee injury.
Dorota Michalowska (29) from Clonmel in County Tipperary was pushing a trolley of dirty plates into the kitchen of the Dunnes Stores in Clonmel on 14 July 2011, when she slipped on a frozen chip and fell – landing awkwardly on her knee.
Dorota felt her knee swell up immediately and sought medical attention at once. Her injury was so severe that she was incapacitated for six months and unable to return to work for 35 weeks.
After seeking legal advice, Dorota made an injury compensation claim for a slip on a frozen chip against Dunnes Stores, alleging that her employer had failed to adequately warn their staff of the risk of frozen chips on the floor and had failed to provide her with a safe place and system of work.
Dunnes Stores contested Dorota´s claim; arguing that if there were frozen chips on the canteen floor at the time of her accident, it was most likely that Dorota had dropped them herself as she was working in food production that day and more than likely the author of her own misfortune.
Dorota´s claim for compensation for a slip on a frozen chip in Dunnes canteen proceeded to the High Court, where it was heard by Ms Justice Mary Irvine, who was told that two other employees were also involved in food production at the same time as Dorota.
The judge said the issue in the case was who was responsible for dropping the chips on the floor and, as the chips were frozen at the time of Dorota´s accident – while she was out of the kitchen collecting dirty plates – “on the balance of probabilities” it was likely that somebody other than Dorota had dropped them.
Ms Justice Mary Irvine awarded Dorota €82,750 compensation for a slip on a frozen chip in Dunnes canteen, noting that Dorota is at risk of arthritis in the future because of her accident, and including €20,000 for the pain and suffering she will experience in the future.
The judge also granted Dunnes Stores a stay in the event of an appeal, provided that the company pay Dorota €52,750 straight away.