Posted: March 12th, 2019
A shop worker has been awarded in excess of €24,000 retail outlet compensation against her employer after tripping over the open flap of a clothes box the store that she was employed in.
Aisling Smith, with an address at Woodlawn Way, Santry, Dublin 17 was informed by Circuit Court President, Mr Justice Raymond Groarke that she had not been maintaining an adequate look-out in the Vera Moda store and, due to contributory negligence, reduced her personal injury compensation award to just over €19,000.
Ms Smiths legal representative, Barrister John Nolan appearing with Kent Carty Solicitors, advised the court Ms Smith had hurt her shoulders and back in the fall that happened in the store during November 2015. His client argue that the storeroom at the Vera Moda shop in the Pavilion Shopping Centre, Swords, had been cluttered with boxes. Ms Smith (28) said she had been bringing stock from a store room when her knee caught on the flap of a box, causing her to fall heavily. She had experienced injuries to her neck and both shoulders and her back and had a soft tissue injury to her wrist after having tried to break her fall with her hands.
Judge Groarke awarded Ms Smith a total of €22,500 damages but cut the personal injury compensation award to €19,125 due to what he said was contributory negligence on her part. He said she had been employed at the store for long enough that she should have been conscious of keeping a proper look-out and been more careful in relation to her own safety.
He said that testimony provided by forensic engineer Barry Tennyson, who had conducted out an inspection of the stock room, indicated that the defendant had put serious effort into tidying up the store before the joint engineering inspection. Judge Groarke said the stock room had been kept in a rather haphazard way.
Ms Smith informed told the court that a stock box had been pulled out from a position against the wall and was left with one of its flaps lying open. A retail outlet compensation award of €2,000 for loss of earnings was included in her final compensation award.