Personal injuries - Injury at workplace - Slip and fall on vestibule floor - Contributory negligence

Facts: The plaintiff filed a claim against the defendant for negligence and breach of statutory duty. The plaintiff worked as an employee with the defendant’s store. The plaintiff claimed to have slipped on some viscous fluids and suffered injuries thereof. The plaintiff contended that the defendant was liable to maintain the premises in a safe condition.

Held: Mr. Justice Bernard J. Barton dismissed the plaintiff’s claim in relation to the issue of liability. The Court held that there was no evidence that the defendant had breached its statutory duty. The Court found that the CCTV footage showed that the plaintiff had been in and out of the vestibule area several times and the plaintiff could not point out any liquid substance on the floor. The Court observed that since the plaintiff worked as a hygiene operator on the defendant’s premises, he would have immediately cleaned the spillage, if any, in accordance with his training.

Fagan, Kieran v Dunnes Stores

28/6/2017 No. 2016/1488 P [2017] IEHC 430