Barry v Dunnes Stores Clonmel (Limited)

In dismissing the Defendant’s argument that the Plaintiff had acted in a manner contrary to her safety training and had caused the injury to herself, Irvine J stated:

“Every employee must take care for their own safety… However, the fact that an employer may train its staff at the time of recruitment and intermittently thereafter regarding the risk of injury to their back is significantly negated if, in daily practice, the methods for moving goods safely as advised in the course of training are not deployed by employees and managers do not enforce compliance with training and safe practice. In this regard I am satisfied from the evidence of the plaintiff… that it was not uncommon for trolleys to be stacked in the manner in which they were stacked on the day of the plaintiff’s injury.”

The plaintiff was not fully absolved of liability however, and in assessing whether there was contributory negligence, the court ruled:

“Regardless of these facts the Plaintiff should have known not to try to lift down the box which caused her injury. She did this without ascertaining its weight. Had the plaintiff ascertained its weight by getting a step ladder, albeit it that this may have taken some minutes, I think this injury would not have happened. Alternatively she should have recognized the risk of taking any load from over head height and she should have refused to do so. In either set of circumstances the plaintiff would not have been injured. Accordingly I have decided that she must bear 30% of the liability for her Injuries.”

The full judgement can be read here:

S.Major, Lacey Solicitors

Byrne [A minor] & anor -v- Stephen Bell Trading as Bumblebees

Cross J ruled that the defendants, who owned a children’s play area, were not liable for injuries sustained by a child on their premises.

The plaintiff, bringing the action through his next friend, his father, alleged that the injuries sustained by him during a visit to the play area were caused by reason of a negligence of the defendants in the layout of the premises and their failure to have any adequate supervision or intervention to prevent danger, or the accident such as occurred.

In dismissing the action, Cross J stated: “You cannot ensure against all mishaps or accidents to young children. Accidents, injuries, do happen from time to time and do so without any fault. Play areas such as Bumblebees are an important part of the development of children who are, as in this case, generally far safer there than in some regimes where prudent parents will allow their children to play entirely unsupervised, for example, gardens with trees.”

The full judgement can be read here:

S.Major, Lacey Solicitors