An employee of Dunnes Stores in Clonmel has been awarded €82,750 canteen slip and fall injury compensation after a hearing at the High Court.
Twenty-nine year old Dorota Michalowska had been clearing tables in the canteen of her local Dunnes Store in Clonmel, County Tipperary, when – on July 14th 2011 – as she was pushing a trolley laden with dirty dishes towards the kitchen, she slipped on a frozen chip on the floor and fell awkwardly – sustaining a soft tissue injury in her knee.
Dorota´s left her immobilised for six months – and unable to work for thirty-five weeks – and after undergoing therapy to reduce her incapacity Dorota sought legal advice from a solicitor and made a claim for canteen slip and fall injury compensation against Dunnes Stores.
Dunnes Stores denied its liability for Dorota´s soft tissue injury – arguing that she had been preparing much of the food in the canteen throughout the day and, as it was most likely that her negligence was responsible for the frozen chip being on the floor, Dorota had been the author of her own misfortune.
Dorota´s claim for canteen slip and fall injury compensation was heard by Ms Justice Mary Irvine at the High Court, and after hearing evidence from both parties, Judge Irvine ruled Dorota´s favour on the grounds that had Dorota dropped the frozen chip herself – and then gone around the canteen loading her trolley with dirty dishes – the chips would have defrosted by the time Dorota slipped on them and injured her knee.
The judge noted that Dorota had two colleagues working in the canteen with her on the day of the accident and “on the balance of probabilities” in was more than likely that one of Dorota´s colleagues had dropped the chip and either not seen the hazard or neglected to pick it up. Consequently Judge Irvine ruled, Dunnes Stores were liable for Dorota´s injuries due to the negligence of its staff.
Ms Justice Mary Irvine awarded Dorota €82,750 canteen slip and fall injury compensation – commenting that it was likely Dorota would suffer from arthritis in her later life, and that the compensation settlement included a payment of €20,000 to account for Dorota´s future pain and suffering.