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.
Categories: Personal Injury