Paula was exhausted after completing her shopping trip at the shopping center. Herself and her husband were eager to head back home, stow away their purchases, and unwind, however, their plans took an unexpected turn. While guiding her shopping cart down the escalator, Paula encountered a slippery substance that caused her to lose her footing and fall. There was no cautionary signs or alerts indicating the presence of the hazardous area that led to her injury. After analyzing the area, it became evident that the slippery liquid came from a fire extinguisher as several of them were nearby and clearly had been tampered with. The foam had dispersed across the floor and coated the lower part of the escalator, leading Paula to conclude that this substance was the cause of her injury.
Without delay, her husband immediately attempted to locate a staff member to discuss his wife’s suffering and distress and the unsafe zone at the scene. Unfortunately, he was unable to source an employee and they had to return home to tend to Paula’s injury. They telephoned the store when they had arrived home and notified them of the CCTV footage that had a direct view of the scene of her accident. The staff reviewed the footage and apologized for the inconvenience.
Subsequently, Paula sought medical advice to address the tingling sensation she was experiencing around the coccyx, Lumbar spine and buttocks region. Following an MRI scan, it was revealed that she had sustained a fracture in her sacrum, along with the presence of degenerative discs and minor disc bulges in two sections of her spine. An irregularity was also noted in her coccyx. She actively participated in physiotherapy and Pilates sessions, underwent injections, and took prescribed medication to alleviate her discomfort and aid her recovery process.
Paula is a committed elementary school educator who takes immense pleasure in spreading happiness among the students under her care. Occupying the role of a teacher requires her to stand for long periods of time, demanding her to maintain mobility throughout the day. Unfortunately, the accident has had a profound effect on her life as an educator. She now suffers with pain and difficulty, due to her limited capacity to sit for only 20 minutes and stand for no more than 10 minutes. This considerable restriction significantly hampers her daily regimen and her effectiveness within the classroom. Furthermore, she finds herself unable to drive for more than 20 minutes without encountering discomfort.
As a result of the negligence of the staff on duty this particular day, failing in their responsibility to signal the presence of the dangerous zone or to promptly address the spillage that led to her accident—Paula made the decision to initiate a legal claim against the store.
Court proceedings were instigated, and the case was brought to a successful conclusion.
The case was settled in the four Courts on the 12th of July 2023 for the sum of €45,000. This was a great result for an admirable client, we are proud of all the work put in by Philip and his team to achieve this brilliant outcome.
*Note: Client name changed for GDPR reasons.
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