The High Court has dismissed a woman’s damages claim for injuries she said she sustained after being knocked down at an Ann Summers lingerie party in a Dublin pub.
Mr Justice Max Barrett ruled Sylvia Deehan was not entitled to recover damages against the owners of the Lough Inn Public House.
The judge, describing Ms Deehan as a decent woman who was entitled to sympathy for the injuries she suffered following her fall, said he accepted her version of events as “substantively true”.
However, he said it had not been proven that the pub “failed to take all reasonable steps to safeguard its patrons against risks and dangers that were foreseeable”. Nor could the pub be found to be negligent, he added.
Ms Deehan (46), a mother of two with an address at Maple Avenue, Ballybrack, Dublin, has sued Loughlinstown Inn Ltd, trading as the Lough Inn Public House, for damages. Her claims were denied.
Prize
Ms Deehan alleged she was pushed by another woman who was striving to grab a prize – described "as a ring that goes around a certain part of a man" – which had been thrown in the air by an Ann Summers representative at the pub in Loughlinstown.
The incident occurred as part of a ladies’ night at the pub, prior to a performance by the Hunks of Desire troupe of male strippers, on January 21st, 2011.
In his judgment, Mr Justice Barrett said a person like Ms Deehan who freely elects to drink alcohol, engage in a party game and jump for a spot prize cannot expect every part of a pub will be made injury proof in the event of a fall. Nor can such a person assume they are entitled to compensation should they fall.
“Bad things can happen to good people and still no compensable event may arise,” he said. On those grounds the judge said her case against the pub must fail.
The action came before Dublin Circuit Court last June but was dismissed. Ms Deehan appealed that ruling to the High Court. The High Court appeal was heard over three days.
Following his ruling the judge said he was making no order in respect of the costs of the appeal, meaning both sides will have to pay their own legal costs.