Posted: December 12th, 2016
The Circuit Civil Court has heard a claim for a restaurant employee slip and fall accident made by a woman who worked at Dublin´s Heuston Station.
In May 2013, the twenty-five year old woman was working at the open air restaurant outside Heuston Station in Dublin, when she slipped on pigeon droppings and fell sideways on her knees and back, suffering soft tissue injuries to her ankle, knees and lower back.
The woman made a claim for a restaurant employee slip and fall accident against her employer – Heuston Refreshment Rooms – and Córas Iompair Éireann (CIE) for failing to deal with a serious pigeon problem that has affected travellers and staff at the Dublin station.
Both defendants denied their liability and refused their consent for the Injuries Board to assess the claim for a restaurant employee slip and fall accident. The Injuries Board subsequently issued the woman with an authorisation to pursue her claim through the courts system.
The hearing to determine liability was heard by Mr Justice Raymond Groarke at the Circuit Civil Court in Dublin. At the hearing Judge Groarke heard that the plaintiff had often had to shoo pigeons away from the open air tables and had reported the problem to her employer.
Representatives of the Heuston Refreshment Rooms told the judge that the restaurant had complained to CIE, but the measures that CIE had implemented to resolved the problem – including introducing a hawk to which the pigeons had become acquainted – had proved to be ineffective.
Judge Groarke found in the plaintiff´s favour and awarded her €22,500 compensation in settlement of her claim for a restaurant employee slip and fall accident. The judge ruled that both defendants were aware the pigeons were a problem and a potential cause of injury; and, although granting judgement against both defendants, he would make an order in favour of the restaurant against CIE.