Woman sues over Dublin Airport fall during first trip on escalator

Elizabeth Lavin (69) claims she fell on her face in Terminal 2

Elizabeth Lavin, of Calverstown, Kilcullen, Kildare,  arriving at the Four Courts  for the second day of her High Court action for damages. Photograph: Courts Collins
Elizabeth Lavin, of Calverstown, Kilcullen, Kildare, arriving at the Four Courts for the second day of her High Court action for damages. Photograph: Courts Collins

A woman who has sued over injujries suffered as a result of falling on an escalator at Dublin Airport has told the High Court the fall occurred during her first time on an escalator.

Elizabeth Lavin (69) said she had checked in for a flight to Birmingham before following her two friends onto the escalator at Terminal 2 to go to Departures. She fell midway up the escalator, she said.

"I had never used an escalator before, I just followed the crowd. I did not know what an escalator was like. It just went on and on. The escalator was very steep and shaky and there was no end to it," she told Mr Justice Michael Hanna.

Ms Lavin, Blackhall, Calverstown, Kilcullen, Co Kildare, has sued Dublin Airport Authority PLC over the fall on the escalator on November 2nd, 2011.

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She claims, suddenly and without warning, she was caused to fall down on her face while travelling up the escalator.

She alleges there was an failure to take reasonable care for her safety and she was permitted use the escalator when the authority knew or ought to have known it was unsafe and dangerous for her to do so as she had baggage.

She also alleges negligence by the authority in designing or laying out the terminal so that for persons carrying baggage,  the escalator, it is claimed, presented the only real practical access to the next floor.

After the fall, Ms Lavin was taken by ambulance to Beaumont Hospital and treated for a wound to her head and other minor lacerations. She was later referred to an orthopaedic surgeon to address pain issues.

Ms Lavin, it is claimed, has been left with six scars on the right side of her face and a small scar on her upper lip.

All the claims are denied. The authority pleads this was an unfortunate incident but not its fault. It also pleads Ms Lavin did not hold the hand rail of the escalator and became unbalanced.

Cross-examined by Bernard McDonagh SC, for the authority,   Ms Lavin said she did not accept she was not holding the handrail. She had her boarding pass in her hand and her hand was on the handrail, she said.

She accepted she had her carry on bag, which was on wheels, behind her and not in front of her.

Counsel said an engineer found no defect when he examined the escalator and put to Ms Lavin she had pulled her case on behind her onto the esalator and, when she turned to the right, she lost balance and fell down. Ms Lavin denied that suggestion.

When counsel put to her, if she was holding the handrail, she would not have lost balance, Ms Lavin replied she was holding the handrail.

The judge, who viewed CCTV footage of the incident, will give his judgment on Thursday.