A thirty-two year old nurse went into the Tesco Metro store in Terenure, where she fell over a six-pack of beer that had been left on the floor by a customer waiting to use the self-service check-out.
The woman was taken to St James´s Hospital, where an x-ray revealed that she had fractured her left knee. She underwent two surgical procedures and still attends for physiotherapy more than 2½ after her accident.
The woman applied to the Injuries Board but consent for the assessment to go ahead was declined by the store, and the woman was issued with an authorisation to pursue her claim through the courts system.
Mr Justice Raymond Groarke, at the Circuit Court Hearing, was told that Tesco denied liability. Tesco claimed that the hazard was on the floor for only a matter of seconds and there was nothing they could have done to prevent the accident.
Judge Groarke said that, if a better system of customer traffic control was applied, it would prevent similar accidents from happening.
Judge Groarke awarded the woman €60,000 compensation, however, he also said that it was possible that the woman was not paying full attention at the time, and reduced the settlement by 20% for contributory negligence.
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