A woman who claimed she fractured her wrist after allegedly falling down steps when she tripped on an alleged uneven carpet on a river cruiser has settled her High Court action on undisclosed terms.
Irene Flood. a company secretary, said she looked at the carpet after her fall and claimed there was "a kink in it".
Ms Flood was on the seventh day of a 10-day cruising holiday with her partner and his two children on the river Shannon when the alleged accident occurred in July 2010.
Ms Flood, Kilinerin, Gorey, Co Wexford, had sued Silverline Cruisers Ltd, Main Street, Banagher, Co Offaly, as a result of the alleged accident on July 10th, 2010, as she went down the stairs to go to the toilet.
She claimed Silverline provided a boat for hire which was dangerous and unsafe and contained a loose and uneven carpet that presented as a tripping hazard.
Silverline denied the claims. Its counsel said it did not accept Ms Flood fell down the steps. It also contended the carpet was industrial standard and there was nothing dangerous or wrong with it.
If Ms Flood fell, there was contributory negligence on her part as the boat was liable to be in motion at the time, it was argued.
Talks
After Ms Flood gave her evidence, Mr
Justice Anthony Barr
was asked to adjourn to allow for talks between lawyers. He was later told the matter was settled and could be struck out.
In evidence earlier, Ms Flood said the group had picked up the eight-berth yacht in Banagher and were instructed about how to use it.
On the morning of July 10th, 2010, they decided to pull out of Portumna and her partner and his children went on to the quay to release the ropes. She said she remained below tidying up and decided to go to the toilet which was down three steps.
“I tripped on the carpet and fell down the steps. I was lucky I was wearing my life jacket because it protected me. I was nearly passing out with pain,” she said.
She said she put out her hand to break her fall and hurt her left wrist. The previous night, the group had a problem with the carpet in the boat dining area which crumpled up, she said.
Cross-examined by Declan Buckley, for Silverline, Ms Flood agreed she previously got €25,000 for a foot injury in 2005 and a further €29,000 for a soft tissue injury to the left wrist in 2008 after a hotel fall.
Ms Flood also agreed she still had problems with her left wrist at the time of the 2010 accident.