Woman who slipped on a CHIP in shopping centre awarded £34k – after winning £8k for another fall in Lidl
The Judge accepted that Lina Misiunaite was an honest witness and he accepted her account of when she said she fell
A MUM-OF-FOUR who claimed she slipped on a chip in a shopping centre food court has been awarded £34,000 by a High Court judge.
Lina Misiunaite, 36, sued the owners and occupiers of the Liffey Valley shopping centre food court area after the fall almost three years ago.
She claimed a chip was allowed to remain on the floor of the food court and there was an alleged failure to warn her of the danger posed by the chip.
She said afterwards she found it difficult to look after her children and household tasks such as hoovering and lifting shopping bags were difficult.
The mother of four, the judge said, had made no attempt to hide the fact that she had settled another action for £8,000 (€10,000) against supermarkets after issuing proceedings over a slip and fall in 2013.
The 36-year-old, from Coldcut Park, Liffey Valley, Palmerstown, Dublin, took the latest case against HSBC Alternative Investments Ltd and Grosvenor Limited, which are UK registered companies, and Hines Real Estate Ireland Limited, Hogan Place, Dublin as a result of her fall on November 2014.
Mr Justice Kevin Cross said Ms Misiunaite 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.
The judge rejected any suggestion there was contributory negligence on the part of Ms Misiunaite over a failure to see the chip on the ground.
He also rejected claims the short boots she was wearing with heels at the time of her fall in Liffey Valley were responsible for her fall.
The judge said he accepted the evidence that the floor of the food court could be dangerous if wet or if there was a chip on the floor.
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 over an hour the area where the fall took place was not looked after.
He held all the defendants were jointly liable and he awarded £30,000 (€35,000) for pain and suffering to date and a further £4,000 (€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.