Man (54) awarded €44,000 after suffering 'nasty injury' in fall at The George pub
Published 27/11/2015 | 17:26
A 54-year-old man who fell and fractured his foot as he left the smoking area of The George pub in Dublin has been awarded €44,000 by the High Court.
Mr Justice Kevin Cross said Patrick McDonagh suffered a nasty injury and has been left with unsightly scars on his knee, leg and ankle.
He was nine weeks out of work and required surgery and physiotherapy after the fall.
However the judge held him 40pc responsible for the accident and said from the CCTV he could see he was looking upward as he approached steps.
The judge awarded a total of €74,764 but with a deduction for contributory negligence, the award came to just over €44,000.
Mr McDonagh, a credit controller from Wilford Court, Corke Abbey Avenue, Bray, Co Wicklow, had sued Vikram Limited, trading as The George, South Great George's Street, as a result of the fall on September 24, 2011.
The court heard Mr McDonagh was going from a smoking area at the rear of the premises at the back of the pub when when he fell and tripped on steps.
Mr Justice Cross found the step Mr McDonagh fell on was too high and it was a danger or trap.
But Mr McDonagh could not escape a finding of contributory negligence in relation to the accident,he said.
The area was well lit and the step had a strip of white paint on it.
While Mc McDonagh was not intoxicated, he had consumed a significant quantity of alcohol throughout the night, he said.
His reactions were not what they might have been.
The judge also said Mr McDonagh had not looked to see the steps and the CCTV showed him looking upwards.