Monday 22 January 2018

Woman (57) injured after fall while dancing in hotel loses case for damages

A 57-YEAR-old woman who suffered severe injuries when she fell as she danced in a hotel has lost her case for damages in the High Court.

Margaret Walsh fell as  she danced to rock  music at  a friend's 40th birthday function at the Talbot Hotel, Wexford.

Ms Justice Mary Irvine said yesterday she fell because because the kitten heel of her boot got caught in the strap of another woman's sandal and not because the floor was slippy due to drinks spillages.

This is the third case in recent weeks  before the High Court in which a woman who claimed she suffered injury as a result of falling on an

allegedly slippy dance floor lost her case.   The two others related to Copper Face Jacks nightclub in Dublin and they were also dismissed.

Ms Justice Irvine also  yesterday awarded costs of the two day court hearing against Ms Walsh.

Ms Walsh, from Wexford, had sued the Talbot Hotel as a result of the injuries she sustained on May 23, 2009  after she fell on a dance floor she alleged was dangerous because it was wet . Ms Walsh had claimed there was inadequate supervision of the dance floor and young children had been allowed to bring drinks on to the dance floor .

Ms Justice Irvine said she was not satisfied Ms Walsh's injuries  were sustained in the manner alleged by her  and she was not satisfied as a matter of probability there were children or other young people dancing on the dance floor while carrying drinks in their hands.

The judge was satisfied from the evidence of the hotel deputy manger that the hotel had a strict policy that drink was not to be taken onto the dance floor and members of staff  were properly trained to implement this policy.

The judge noted no other witness was called to support Ms Walsh's evidence that the floor was slippy or they had seen children bringing drinks on to the  dance floor.

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