Posted: March 14th, 2017
A broken restaurant chair accident claim has been resolved at the Circuit Civil Court in favour of a woman who suffered a soft tissue back injury.
In May 2014, the thirty-four year old woman was dining in the company of her friends at the China Kitchen restaurant in Beaumont. While they were eating, one of the legs of her chair became detached. The chair collapsed beneath her. The woman manged to save herself from impact with the floor, but in doing so she twisted her back in such a way that she felt immediate and intense pain. A waiter saw the incident and came to her assistance. However, rather than find her a safe chair, he tried to repair the broken one.
Due to the tenderness and pain across her lower lumbar region, the woman-who worked as a cleaner-attended her GP and was prescribed painkillers. Although the painkillers helped, she also had to attend physiotherapy sessions. She continued to experience intermittent pain in her back after working in her job as a cleaner or after sitting for long periods. She claimed that the pain she endured severely impacted upon her life.
The woman sought legal counsel, and made a broken restaurant chair accident claim against the owners of the China Kitchen restaurant – Xwfx Limited. The claim alleged that the restaurant had been negligent in providing her with a dangerous chair, and therefore were directly responsible for her injuries.
The owners of the establishment failed to respond to the Injuries Board request for consent to conduct an assessment. They further failed to attend a subsequent court hearing to defend the broken restaurant chair accident claim made against them. The woman consequently obtained a judgement in her favour in default of appearance.
When the broken restaurant chair accident claim was presented to Judge Jacqueline Linnane at the Circuit Civil Court, the judge was told that it was for the assessment of damages only. After hearing details of the woman´s accident and her subsequent injury, Judge Linnane awarded the woman €17,500 in settlement of her broken restaurant accident claim.
Posted: August 7th, 2015
A man, who was injured when he ate an allegedly stale rasher of bacon in a Dublin restaurant, has been assigned fifty percent contributory negligence, reducing his compensation by half.
Shane McQuillan, aged thirty-two from Swords in Co. Dublin, broke his tooth whilst eating a sausage and bacon sandwich at the Gate Clock Bar on the 23rd March 2013.
Shane sought legal counsel before proceeding to make a claim for restaurant injury compensation against the bar. In the claim, he alleged that the staff had left the food on display for “a number of hours” before it was served to him, which resulted in the bacon being stale. However, liability for Shane’s injuries was contested by the owners of the bar. As such, Shane sought authorisation from the Injuries Board to seek compensation in court.
When the permission was granted, Shane’s claim was heard by Judge Patricia McNamara in Swords District Court. The manager of the bar testified that the food served to Shane was taken from a steel tray, which was in turn kept over a pan of hot water behind a glass display. The manager also claimed that the food was changed every ninety minutes, though lacked any paperwork to support this claim.
The solicitor representing Gate Clock Bar argued that Shane was liable for his injury as, had he any doubts concerning the freshness of the meat in his sandwich, that he should not have requested a sandwich with it.
Shane also testified before the judge, explaining that – since the accident – he has experienced pain in his mouth and finds it difficult to drink cold drinks. Judge McNamara subsequently ruled in Shane’s favour, awarding him €2,500 in special damages on top of €6,500 in general compensation.
However, before closing the hearing, the judge commented that her ruling was based on the fact that the bar manager was unable to provide any evidence that the food was changed every ninety minutes. She went on to comment that Shane “should have been careful of a crispy rasher rind” and assigned him fifty percent contributory negligence for his injury, reducing his compensation to €4,500.