A woman who claims she slipped on an alleged grease-like substance in the food hall of Marks & Spencer in Dublin’s city centre has sued for damages in the High Court.
Bernadette Flynn was shopping with a friend for bridesmaids’ dresses for her upcoming wedding when she claims she fell to the ground as she walked through the food hall of the Mary Street store.
“My leg went up in the air. I went down. I was completely shocked,” she said.
Ms Flynn said she was crying and embarrassed and could not get up. She said her friend went to get help but could not find anyone, but another shopper helped her to her feet.
Ms Flynn (49) Rope Walk, Ringsend, Dublin has sued Marks & Spencer Ireland Ltd over the alleged fall on February 6th, 2016.
She has claimed she hurt her wrist and hip and afterwards had difficulties in relation to domestic activities such as vacuuming and ironing and inability to blow dry her hair.
She has alleged failure to take any reasonable steps or precautions for her safety and to provide and maintain a safe and adequate system of cleaning of the premises.
Mr Justice Anthony Barr was told the claims were denied and Marks & Spencer has also pleaded contributory negligence on the part of Ms Flynn who, it alleged, did not keep a proper lookout.
The company also says it cannot understand why Ms Flynn’s friend could not find somebody to help after the alleged fall as it had 17 people in the area at the time.
In evidence, Ms Flynn said she was walking through the food hall with her friend and they were due to meet other friends for dinner.
She said she was on the floor for about a minute after she fell and, during that time, noticed a skid mark about a foot long on the floor which appeared to be a cream or grease-like substance.
She said she was embarrassed and in a lot of pain.
She said she already suffers from an arthritic condition and was at the time in the middle of a rehabilitation programme for rheumatoid arthritis.
She had cancelled her dinner plans and got a taxi home and phoned the store and told them what had happened.
She said she was in hospital the next day on another matter when somebody from the store rang her but she was unable to talk to them. She said a person from Marks & Spencer rang her a few weeks later.
She got married a few months later but had been unable to keep up a gym exercise plan devised for the run up to the wedding, she said.
Michael Counihan SC, for Marks & Spencer, put to Ms Flynn the store prided itself on an accurate system of logging all calls to the store and had no record of a phone call from her on the evening of the alleged accident.
Ms Flynn said she called the store when she got home.
The case continues on Friday.