€40,000 FOR SLIPPING ON A CHIP
Judge awards mum payout over fall at shopping centre food court
A WOMAN has won €40,000 compo after slipping on a CHIP in a shopping centre food court.
High Court judge Kevin Cross said he accepted mother-of-four Lina Misiunaite’s account of the fall in Liffey Valley and she was not at fault. It was also revealed the 36-year-old from Dublin settled another action for €10,000 against Lidl over a slip four years ago.
A WOMAN who slipped on a chip in a shopping centre food court has been awarded €40,000 by a High Court judge.
The payout comes four years after Lina Misiunaite received €10,000 from Lidl after she slipped and fell in one of the retailer’s stores Yesterday Mr Justice Kevin Cross said she was an honest witness and he accepted her account of when she said she fell forwards, landing on her left knee as she went to get food for her children. He rejected any suggestion there was contributory negligence on Mrs Misiunaite’s part over a failure to see the chip on the ground of the Liffey Valley shopping centre food court in Dublin in November 2014. Mr Justice Cross also rejected claims the short boots she was wearing with heels at the time of her fall were responsible for the accident. The judge said he accepted evidence that the floor of the food court could be dangerous if wet or if there was a chip on the floor. The mother of four, the judge said, had made no attempt to hide her previous claim against Lidl. Ms Misiunaite, 36, sued the owners and occupiers of the food court area HSBC Alternative Investments Ltd and Grosvenor Limited. She also took legal action against Hines Real Estate Ireland Limited, Hogan Place, Dublin. Ms Misiunaite also sued the cleaning company at the food court, Noonan Services Group Ltd, Swords Business Park, Swords, Co Dublin. She had claimed a chip was allowed to remain on the floor and there was an alleged failure to warn her of the danger posed by the item. The claimant, of Coldcut Park, Liffey Valley, Palmerstown, Dublin said afterwards she found it difficult to look after her children and household tasks such as hoovering and lifting shopping bags were difficult. The claims were denied and Noonan Services Group contended it had a proper cleaning system in place at the food court. In his ruling Mr Justice Cross said the chip was on the ground for an inordinate time and for more than an hour the area where the fall took place was not looked after. He held all the defendants were jointly liable and he awarded €35,000 for pain and suffering to date and a further €5,000 for pain and suffering in to the future. The judge awarded costs on the Circuit Court scale and on the application of the defendants granted a stay on the award for 28 days in the event of an appeal.