Posted: November 20th, 2016
A claim for personal injury compensation made against the supermarket giant has been settled in Dublin’s Circuit Court.
The accident occurred in January 2014 when the victim, an unnamed thirty-two-year-old Dublin nurse, attended her local branch of Tesco Metro. Whilst navigating through the shop, the woman tripped and fell over a six-pack of beer that had been placed on the floor by a queueing customer.
The woman, who had previously required reconstructive surgery on one of her knees, was rushed by ambulance to St James’ Hospital, where an x-ray was carried out on her leg. The x-ray showed that the same knee that had been damaged before had sustained another fracture. Two surgeries were required to amend the damage, though the woman also had to endure two-and-a-half years of physiotherapy.
After the victim made a claim for personal injuries compensation through Injuries Board Ireland, the Board asked permission from Tesco to carry out an assessment. When this permission was denied, the woman was the authorised to proceed with her claim through the courts, where it was heard earlier this month.
Mr Justice Raymond Groarke oversaw proceedings at the Circuit Court, where he was informed that Tesco were denying liability for the fractured knee. They argued that there was nothing that they could have done to prevent the accident, and that the woman had caused her own injury by failing to avoid the brightly-packaged obstacle.
However, it was counter-argued that the layout of the small supermarket meant that customers had to navigate through the queue of people waiting to use the self-checkout machines to access certain parts of the shop. The judge, who noted that the knee fracture must be particularly bad to still cause the victim trouble, commented that this was a poor system.
Adding that customer traffic should have been better managed, Judge Groarke found in the claimant’s favour. Initially awarding a sum of €60,000, 20% was then deducted for contributory negligence.