Woman wanted 38k for stumbling and almost falling

quad_red

Court in sensible judgement shocker? Clumsy person needs compensation because they *almost* fell in someone elses premises?

A WOMAN, who was three months pregnant when she stumbled and almost fell in a Dunnes Store restaurant, has lost a €38,000 damages claim for personal injuries against the retail chain.

Ms Keenan, of Annamoe Drive, Cabra, Dublin, said she had not seen anything on the floor before her slip and did not know what had caused it. She had scalded her leg and had injured her back when twisting to save herself.

http://www.independent.ie/national-news/courts/pregnant-woman-who-almost-fell-in-dunnes-stores-loses-38k-claim-3376738.html

donvito99

Women!

bacon?

Fool!

Madam_X

I'm not a fan of compo culture but how was she clumsy? If she slipped, she slipped. I'd imagine it was quite distressing for her to scald herself and twist her back when pregnant.
I certainly wouldn't agree with a big payout like that, but I've heard of worse compo claims.

Tiddlypeeps

It's beyond me how any lawyer actually allowed her to even attempt to take that to court given that she had no evidence of the floor being wet or unsafe in anyway. If she was trying to claim the floor was wet then that would be one thing, but it doesn't seem that she was even making that claim

Bizarre.

BBDBB

Have you been affected by issues raised in this thread?

Been a clumsy buffoon and injured yourself?

Looking for someone to blame?


Phone Clumsy Buffoons R Us Lawyers NOW

We can make you feel better about your stupidity and give a shot at some free cash

maxfresh

moron, shes made a right fool of herself

confuseddotcom

Hhmmmm albeit outlandish excessive costs in question; - considering that hot liquid being carried was involved here, it does rightfully deserve a thorough investigation to ensure a rightful lesson is learned where necessary. How was the judge so convinced that the floor was dry?


Actually, shure, wouldn't/shouldn't they have exactly what happened on CCTV? That should be a definitive yes or no.

Sofiztikated

Madam_X wrote: »

I'm not a fan of compo culture but how was she clumsy? If she slipped, she slipped. I'd imagine it was quite distressing for her to scald herself and twist her back when pregnant.
I certainly wouldn't agree with a big payout like that, but I've heard of worse compo claims.

Seriously?

There was nothing on the floor before she stumbled. Why blame the store, and seek compo when it could easily have been her own sense of balance was off?

davet82

BBDBB wrote: »

Have you been affected by issues raised in this thread?

Been a clumsy buffoon and injured yourself?

Looking for someone to blame?


Phone Clumsy Buffoons R Us Lawyers NOW

We can make you feel better about your stupidity and give a shot at some free cash

Yes.

Yes.

and yes again...

where the fcuk is the number?

Boombastic

she should have just walked in to a sign, amateur :rolleyes:

Drake66

confuseddotcom wrote: »

Hhmmmm albeit outlandish excessive costs in question; - considering that hot liquid being carried was involved here, it does rightfully deserve a thorough investigation to ensure a rightful lesson is learned where necessary. How was the judge so convinced that the floor was dry?


Actually, shure, wouldn't/shouldn't they have exactly what happened on CCTV? That should be a definitive yes or no.

Perhaps an outright ban on the sale of warm beverages is the answer

harney

confuseddotcom wrote: »

Hhmmmm albeit outlandish excessive costs in question; - considering that hot liquid being carried was involved here, it does rightfully deserve a thorough investigation to ensure a rightful lesson is learned where necessary.

What lesson would that be, stop pretending you can multi-task? Walking and carrying something is not for everybody kids!

confuseddotcom

I was in 2 places lately where there was zero signage up where floors were wet, there is still a need out there to be more vigilant and ahead-of-the-posse with things such as wet floors.

Honey-ec

Madam_X wrote: »

If she slipped, she slipped.

Yeah, and it was an accident. No-one's fault, so why in God's name should she think she was entitled to 38 grand in compensation? Or even 38 quid.

Sometimes people just fall. Most normal people get back up, go "Oops, silly me," and get on with their lives. Just cause she happened to be carrying a hot drink at the time doesn't make it any different.

I fell up the stairs in work before while carrying a mug of tea. Did I sue them? No, because it was a blinkin' accident. I scalded the arm off myself, but I shouldn't have been carrying a hot drink up the stairs in the first place.

Simple as.

Drakares

Madam_X wrote: »

I'm not a fan of compo culture but how was she clumsy?

She slipped on nothing. The floor wasn't wet, nor did she stand on anything. If that's not clumsy, what is?

ando

What a joke. I tell ya if she got that money I'd be "almost falling" everywhere!

confuseddotcom

harney wrote: »

What lesson would that be, stop pretending you can multi-task? Walking and carrying something is not for everybody kids!

Do I really have to write another post to explain?! Really?! Lesson being that hot scalding liquid may be lethal.

super_furry

Jesus, a "girls day" out in the Dunne's canteen? Not exactly Sex and City is it?

Boombastic

Drake66 wrote: »

Perhaps an outright ban on the sale of warm beverages is the answer

Well caffeine is an addictive substance, was it hers or her sisters coffee does any body know?

harney

Honey-ec wrote: »

Yeah, and it was an accident. No-one's fault, so why in God's name should she think she was entitled to 38 grand in compensation? Or even 38 quid.

Sometimes people just fall. Most normal people get back up, go "Oops, silly me," and get on with their lives. Just cause she happened to be carrying a hot drink at the time doesn't make it any different.

I fell up the stairs in work before while carrying a mug of tea. Did I sue them? No, because it was a blinkin' accident. I scalded the arm off myself, but I shouldn't have been carrying a hot drink up the stairs in the first place.

Simple as.

I mean this in the kindest possible way, but, you fool!

PM this poster immediately http://www.boards.ie/vbulletin/showpost.php?p=83048926&postcount=6

enda1

There was no culpability of the restaurant.
So her own fault.

Oranage2

Dunne stores have restaurants?

Dr Turk Turkelton

Costs should be awarded against this clumsy idiot for her spurious claim.
Might stop a lot of the other stupid claims and obscene payouts for people being clumsy.
Also on phone but Uncle Albert from Only Fools And Horses springs immediately to mind.Someone please put it up.

El Guapo!

I really hate the compo culture.
People will sue for anything nowadays. Sometimes accidents happen and that's all it is. Nobody needs to be sued and nobody needs thousands to "recover" from a simple mistake.

My boss split my head open accidentally in work last week. It hurt like hell and was bleeding pretty bad, but did I sue? No. It was a simple accident. I just cleaned it up and got back to work.
The way things are nowadays, somebody else would've been onto their solicitor straight away and gotten thousands for that.

Franticfrank

I wonder why the figure was €38,000? For falling over like a clumsy oaf. If you bring this kind of idiocy to the legal level, you should pay compensation when its found that you're lying or attempting to cheat a business out of such a huge amount of money.

CreepingDeath

Ms Keenan, of Annamoe Drive, Cabra, Dublin, said she had not seen anything on the floor before her slip and did not know what had caused it. She had scalded her leg and had injured her back when twisting to save herself.

That's what she gets for wearing pyjamas and slippers to the shops.

confuseddotcom

Honey-ec wrote: »

Yeah, and it was an accident. No-one's fault, so why in God's name should she think she was entitled to 38 grand in compensation? Or even 38 quid.

Sometimes people just fall. Most normal people get back up, go "Oops, silly me," and get on with their lives. Just cause she happened to be carrying a hot drink at the time doesn't make it any different.

I fell up the stairs in work before while carrying a mug of tea. Did I sue them? No, because it was a blinkin' accident. I scalded the arm off myself, but I shouldn't have been carrying a hot drink up the stairs in the first place.

Simple as.

Think she was just walking across the floor though rather than up a stairs carrying something hot?! The latter would most certainly be one's own.... erhm choice to do that. Plus any food/Eaterie area with flooring should be rigorously cross-checked. Without attempting to generalize; - in one's own home, - if it was known that there was going to be a busy period, - that there'd be a gang of Builders or whoever walking in and out, or having people over to the house going back and forth to the kitchen area perhaps, - one would be casting an eye over the floor to make sure it's clean etc., or inclined to get the mop out a couple of times a day, well maybe not go so far as to get the mop out, but would be aware of it getting dirty / slippy. Anyway without further speculation, the Judge seems to have evidence that the floor was fine, so that satisfies me, and all's fair in Compo and War. No reason for payout.

Simple as.


/ByenowI'veafeelingI'llbexingthisThreadsoIdon'tcomebacktoitagain

Robbo

Franticfrank wrote: »

I wonder why the figure was €38,000? For falling over like a clumsy oaf. If you bring this kind of idiocy to the legal level, you should pay compensation when its found that you're lying or attempting to cheat a business out of such a huge amount of money.

€38k is the maximum jurisdiction of the Circuit Court. Whilst it's unlikely if she had succeeded, she would be awarded such a sum, it serves a dual purpose in that it attracts more outrage and saves the journo doing some actual investigation.

ScumLord

She almost slipped and then almost won the case. Seems fair.

Dj Grimreefer

Works on
Contingency?

No, money down!

Winty

Will she have to pay the court cost?

Baneblade

according to the article, yes.

Awarding costs against Ms Keenan

Winty

Baneblade wrote: »

according to the article, yes.

Is it much

April O Neill

I was just about to bring a case over the amount of times I nearly trip over my own feet. Don't think I'll bother now...

Chuck Stone

Honey-ec wrote: »

I fell up the stairs in work

Woman defies laws of gravity. Isaac Newton rolls in grave. :pac:

Dj Grimreefer

April O Neill wrote: »

I was just about to bring a case over the amount of times I nearly trip over my own feet. Don't think I'll bother now...

Sure wouldn't Channel 6 cover your injury

Lollipops23

Jesus, what a clown. Not for falling over, but for trying to sue due to her own stupidity.
I hear pregnancy can affect your centre of gravity, perhaps that's what caused her fall...she should defo sue her baby in that case....

Boombastic

Baneblade wrote: »

according to the article, yes.

I wonder how she likes it, now that the shoe is on the other foot:)

Dr Turk Turkelton

Boombastic wrote: »

I wonder how she likes it, now that the shoe is on the other foot:)

Don't worry I'm sure that for people like this there is some sort of "get out of jail free" card and you and me and everyone else will have to pay for this compo grabbing,clumsy idiots day in court.

Dj Grimreefer

When interviewed she was asked what she would have spent the money on if she won,

I wouldn't mind taking a short trip overseas she said

Calibos

Reminds me of the the Ambulance chaser advert showing the last few years. Can't remember the name of the company. Its the one with the smarmy slick looking lawyers stridently walking towards the camera through the whole ad. Middle aged white guy, Younger White woman and Black Guy.

In one of the more recent ones they are in an outdoor plaza and walk down some steps. Silly Bint female lawyer stumbles down steps in her High Heals, and Smarmy older white guy says, "Accidents can happen, even to us......If you had an accident and it wasn't your fault....."

What...The....Ever....Loving.....Fcuk !!!!!

I was trying to get my head around it, was this satire, was this Meta. A lot of their ads try to imply that they aren't ambulance chasers, but if an accident was not your fault, you have a right to claim. Then in the very same ad, they show a trip that is the epitome of ones own fault. Its not like they showed her tripping on a badly laid paving slab. They showed her tripping on perfectly spaced, non steep, equal gradient, grippy granite steps. It WAS her own fcuking fault. It WASN'T the Councils, PLaza owners, Builders, Architects, Engineers etc..........fault.

krudler

We could all make a fortune suing Lego for all the bricks I stepped on as a child

washman3

Sad thing is that if she had sued for a lesser sum, 5-10k rather than the maximim 38k she probably would have received the award, as the case may be uncontested.
reminds me of the case discussed here a few weeks ago where a very drunk cyclist on his way home from a house party on a borrowed bicycle fell off twice and was allegedly clipped by a car/vehicle even though cctv showed no car.
he was awarded 20k but docked 1/3 of this because he was drunk...
i kid you not..!!

crockholm

Is Dublin's economy based around women falling and sueing council/company/neighbour ?

washman3

crockholm wrote: »

Is Dublin's economy based around women falling and sueing council/company/neighbour ?

looks that way nowadays..!
a few years ago it was based on greedy clowns buying and selling houses to each other..:D

miller50841

I wonder who that fall guy that was captured on RTE news in the snow sued for falling.

I see people falling all the time and tripping also.
The best is seeing people boarding or alighting a bus that has no step and is right up to the path and they still manage to trip/fall.

We are taking after the U.S.A with the sue culture it is absolutely crazy what people are claiming for.

Duck Soup

Soooo....let me get this straight. The floor wasn't wet. There was nothing on the floor. Perfectly normal, safe to traverse floor. The pregnant woman doesn't dispute any of this.

The woman trips over. And then wants €38,000.

Can't imagine why she lost the case.

TobyZiegler

I don't think the woman should have won and I don't feel sorry for her in the least. In fact its likely to put others off making ridiculous claims.

BUT can we get one thing straight - this comes up in every one of these personal injuries case threads - her claim was in the Circuit Court which means she was claiming for anything between €6,500 and €38,000. It just so happens that the Circuit Court goes up to €38,000 - it doesn't mean she went in claiming or expecting €38,000. Its just poor reporting designed to cause outrage - which is exactly what it does.

Assuming her pregnancy went without a hitch she'll probably be paying the costs awarded against her at a fiver a month.

up for anything

.