Saturday 1 October 2016

Woman gets €75,000 for slip at shopping centre

Tim Healy

Published 26/02/2016 | 02:30

Louise Byrne, from Mulhuddart, Dublin, leaves court after she was awarded €75,000 damages. Photo: Collins
Louise Byrne, from Mulhuddart, Dublin, leaves court after she was awarded €75,000 damages. Photo: Collins

A woman has been awarded €75,000 in High Court damages after she slipped and broke her ankle when crossing a grassy embankment to leave a shopping centre car park.

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Louise Byrne (48), of Parslickstown Avenue, Mulhuddart, Dublin, sued Ardenheath Company and Ardenheath Management Company, owners and operators of the Mountview Shopping Centre, Blanchardstown, Dublin.

The slip happened on December 20, 2012, after Ms Byrne, an information officer, had parked her car and was crossing the embankment which she claimed was dangerous.

The defendants denied the claims.

Mr Justice Michael Hanna was satisfied the defendants had a duty of care and could have taken steps to ensure people did not use the embankment or to have made it safe.

Ms Byrne had simply followed others who were using it, he said.

He awarded her €125,000 but found contributory negligence of 40pc which cut the award to just over €75,000. He granted a stay pending appeal on condition the defendants pay out €30,000.

In her action, Ms Byrne said she was leaving the shopping centre car park when the slip happened.

She claimed the defendants failed to take reasonable steps to ensure her safety including that there was a safe pathway, steps and guardrail from the car park down the embankment.

Ms Byrne said she was in a plaster cast for a number of weeks and unable to work for about six months.

Irish Independent

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