Sunday 20 August 2017

Sales assistant out of work after ladder fall settles €60k claim case for undisclosed sum

Photo: Jervis Shopping Centre
Photo: Jervis Shopping Centre

Ray Managh

A 28-year-old sales assistant, who fell from a ladder in a Dublin Dorothy Perkins store, has settled a €60,000 personal injuries claim against her employer for an undisclosed sum.

Barrister Paul Gallagher, counsel for Charlene Fagan, of Arbour Terrace, Arbour Hill, Dublin, told the Circuit Civil Court Tuesday that the case had been settled following talks between the parties and could be struck out with an order for Ms Fagan’s legal costs.

Mr Gallagher, who appeared with Anderson Gallagher Solicitors, told Judge Jacqueline Linnane that the settlement had been reached on the basis of a continuing denial of negligence and liability on the part of the store.

Ms Fagan sued Arcadia Group Multiples (Ireland) Limited which trades as Dorothy Perkins with a registered office at Grand Canal Square, Dublin.

She alleged in her damages claim that in February 2015 she had fallen from a ladder in the Dorothy Perkins stock room at Jervis Street Shopping Centre, Jervis Street, Dublin.

Fagan stated she had been standing on the ladder and had been reaching up to a high rail while attempting to put hangers bearing jeans onto the rail when some of the hangers broke.

This had caused the load to become unstable and was responsible for her losing her balance and falling on her back to the store room floor.  The following day she had been treated at St James’s Hospital for low back soft tissue injuries.

She had continued to attend her doctor and was treated with non-steroidal anti-inflammatory medication and analgesia.  She was unable to work for a week and then returned to limited duties.

Fagan had alleged the store had failed to provide appropriate platform steps to assist staff placing garments on high rails and requiring staff to stand on the top step of the ladder exposing them to a risk of injury.

Her lawyers also alleged the company had failed to carry out a risk assessment to ensure that the appropriate access equipment was provided in the stockroom.

Dorothy Perkins denied negligence in a full defence to Fagan’s claim and alleged she had overstretched and had failed to seek assistance from colleagues.  The store claimed she had been careless or inattentive for her own safety and had been the author of her own downfall.

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