Tuesday 26 September 2017

Dental nurse awarded damages after fall in Sin nightclub

Ray Managh

A 27-YEAR-OLD dental nurse, who suffered a gash to the back of her head and hurt her back in a fall in Sin Nightclub, Temple Bar, Dublin, has been awarded damages for personal injury in the Circuit Civil Court.

Katie Kavanagh, of Castle Park, Tallaght, told Judge Alan Mahon she had slipped on wet steps as she descended a stairs from the VIP section of the club in September, 2009.

She said that after the 3 a.m. incident she made her way outside, called a friend and a taxi and went to Tallaght Hospital where she was treated in the accident and emergency area.

Kavanagh told her counsel, Anthony Lowry, that there had been many people carrying drinks while using the stairs from the VIP area to the ground floor disco.

She had felt embarrassed after the fall and had not made an issue about it at the time.  A bouncer had attempted to catch her and she remembered that her drink smashed to the floor. Her mother had reported the incident  to the club on the following day.

Judge Mahon said Ms Kavanagh had paid a €50 entrance fee, which included free drink for the night.  It was clear from cctv that the stairs had been in constant use by patrons, carrying glasses of alcohol, and many undoubtedly to some extent under the influence.

The judge said the risk of spillage on the stairs was significant and Ms Kavanagh, who had not appeared to be unsteady, could be seen carefully descending the stairs while holding the handrail.

“The stairs was being used by scores of young people fuelled by what they considered nearly free alcohol,” Judge Mahon said.

Something had caused Ms Kavanagh to fall and he believed the most likely explanation was undoubtedly a spillage on steps that should have had a much greater anti-slip resistance than they had.

He awarded Ms Kavanagh €12,500 damages and costs against Good Grub Catering Limited (in liquidation) which ran Sin Nightclub at Sycamore Street, Dublin 2.

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