A man who was on crutches when he slipped and fell on a wet supermarket floor has been awarded €70,000 damages at the High Court.
Graham Murphy was recovering from complex hip surgery when the accident happened at Dunnes Stores, Redmond Square, Wexford.
Ms Justice Bronagh O’Hanlon said Mr Murphy was entitled to walk around a supermarket taking the shortest avenue available to him which was near a freezer.
Mr Murphy, aged in his 40s, from Bishopswater, Co Wexford, sued Dunnes over the fall on January 26th, 2012, alleging it negligently caused him to slip on a liquid spill.
In opposing his claim, Dunnes pleaded Mr Murphy did not slip on water but instead tripped on a pad underneath a freezer.
Making the award, Ms Justice O’Hanlon said, having viewed CCTV footage of the accident three times, it was “beyond doubt” Mr Murphy lost his balance when his crutch gave way on the wet and slippery floor surface.
In finding no contributory negligence by Mr Murphy, the judge found as a fact the normal system which should have been in operation in the store to prevent spillages was not followed. It was clear spot checks which should have occurred in normally at the premises did not occur this time, she said.
The judge refused to grant a stay on any payment out pending a Supreme Court appeal and directed Dunnes to pay out €30,000 pending appeal.