Man who fell in nightclub toilets loses case due to ‘horseplay’

Gerald Grimes fell while performing ‘jump kick’ towards the rear of a friend, court finds

A young man who sued for damages after he slipped and fell in the toilets of a Co Dublin nightclub lost his case after a judge found that he fell because he engaged in “horseplay”.

Gerald Grimes fell in Shenanigans nightclub, in Skerries, because he was doing a “jump kick” towards the rear of a friend of his who moved, causing Mr Grimes to kick fresh air, lose his balance and fall to the floor, Mr Justice Anthony Barr said.

Mr Grimes, of Balbriggan Street, Skerries, claimed he suffered injuries to his knee after falling on a wet floor in the toilet area of the nightclub, on March 4th, 2012.

Mr Justice Barr found Mr Grimes slipped, lost his balance and fell as a result of being “engaged in horseplay” with another person.

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After saying he could not find any negligence on the part of the nightclub, the judge dismissed Mr Grimes’s claim.

Mr Grimes sued the occupier of the nightclub, Highview Inns Ltd, in receivership, alleging the defendant was negligent and in breach of its duty of care.