Night Club Accident Compensation Awarded to Man Following Copper Face Jacks Fall
A Limerick man has been awarded over €80,000 by the High Court after being successful in his personal injury compensation claim for slipping on a wet floor at the Copper Face Jacks nightclub and breaking his ankle in two places.
Colin McNamara, a bar manager from Limerick, was in the Dublin night club after attending a Republic of Ireland soccer match at the Aviva Stadium in 2015.
Mr McNamara (aged 36), Sycamore Avenue, Rathbane, Co Limerick had take the night club accident compensation action against Breanagh Catering Ltd, with offices at Harcourt Street, Dublin, and the owners of the nightclub Copper Face Jacks at Harcourt Street, Dublin, as a result of the accident that occurred on October 9, 2015. In his action he (Mr McNamara) stated that he slipped on a floor which, he alleged, was wet and represented a slipping hazard to patrons. He went on to say that there was an alleged failure to implement any adequate steps to clean and dry the floor surface. As a result of this neglect Mr McNamara, allegedly, slipped and injured himself. The defendants in the personal injury compensation action denied these claims.
In the evidence he presented in the High Court, Mr McNamara informed the Judge that bouncers came and picked him up from the floor and brought him out to a back alley where a member of staff looked at his leg and ankle before advising him that it was not broken.
After being told that the security staff could not call an ambulance, Mr McNamara said he “hobbled away” and got a taxi back to his hotel. As he was still in a considerable amount of pain when he returned to Limerick he went to hospital where he was informed that he had fractured his ankle. As a result of this he had to have surgery and was on crutches for a period of time.
Mr Justice Hanna told the Court that he had been given an order of the court giving judgment against the defendant in this case, therefore issues of liability were not an issue. As attempts at resolution were unsuccessful the defendant chose not intervene in court to challenge the medical evidence, as was their right, but instead opted for a legal cost accountant. Due to this the defendant, though not represented, was not deemed to be inactive,
Presiding Judge, Mr Justice Michael Hanna, told the Court that Mr McNamara has suffered a serious and significant injury when accounting for the fact that he would be required to be “fleet of foot” in bar manager role. He added that Mr McNamara missed five months of work due to slipping on the wet floor of the nite club.
The appropriate figure of night club compensation was, the judge said, in this case €80,000 plus special damages of €7,116 to cover medical and other expenses.