Monday 20 November 2017

Woman awarded €13,000 after falling on her breasts in shop

Saurya Cherfi

A 50-YEAR-OLD old housewife, who tripped and landed on her breasts in a Dunnes Stores outlet, told a judge today she was concerned at the fall because she had a tumour removed from her left breast some years earlier.

Joan Lynam said that on August 13, 2010, she had been shopping with a friend in Dunnes Stores in Kyle Shopping Centre, James Finton Lalor Avenue, Portlaoise, when the accident happened.

She told her barrister Bernadette Kirby that she had just turned to head towards the gents department when she tripped and fell on an empty base stand, “smacking” her breasts off the floor.

The Circuit Civil Court heard she suffered soft tissue injuries to her back, both wrists and left elbow. The following day she had attended the VHI Clinic in Swords, Dublin, for treatment.

Ms Lynam, of Turnberry, Baldoyle, Dublin, said she felt pain in her neck and arms while doing her housework and everyday routine. She had to stop going to the gym and had physiotherapy for several months.

She told the court that prior to the accident she had undergone reconstructive surgery to her left breast following the removal of the tumour.

The store, which denied negligence, said Ms Lynam had not been looking where she was going. The base of the stand, only 14 millimetres high, had been empty because it was due for re-stocking.

Judge Matthew Deery said that as customers’ eyes were attracted to merchandise and prices, the empty base, which was almost of a similar colour to the floor, represented a significant hazard. He awarded Ms Lynam €13,000 damages.

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