A woman who broke her ankle after slipping on vomit in a Dublin pub has been awarded €82,000 damages by the High Court.
Fiona McGovern of Huntstown Wood, Clonsilla, Dublin, had sued Tom Salmon Ltd, owners of Salmon's Pub in Blanchardstown, Dublin, over the incident on March 24th, 2008.
Ms McGovern (39), a bookmaker’s clerk, claimed the pub was negligent in failing to maintain appropriate cleaning standards and to ensure the vomit was cleaned up.
Awarding her a total of €82,000 damages, Mr Justice Kevin Cross said she had suffered a nasty injury to her left ankle.
On the application of her barrister, Bernard McDonagh SC, the judge also awarded her the costs of the case.
Mr Justice Cross said Ms McGovern had been at the pub with family members on Easter Sunday to watch a football match on the TV between Liverpool and Manchester United. For “some inexplicable reason”, she was there to support Man Utd, he said.
She returned later that night at around 11.30pm to see if her sister was still there and was advised her sister was in the beer garden, he said.
Ms McGovern went to the ladies toilet and, on leaving it, slipped on vomit on the floor.
A woman who knew her to see had said that one of a group of young lads who had been sitting near the toilets had earlier vomited twice on the floor. According to that woman, the vomit had not been cleaned up, the judge said.
The defendant had submitted it was hard to believe vomit would have been on the floor for up to one-and-a-half hours after it happened, the judge said. It also argued there was no vomit seen on Ms McGovern’s clothes by a member of staff who came to assist her.
The judge said what was being suggested by the defence was the other woman either was wrong about her recollection or it had been invented. He could not see how someone would be mistaken about seeing someone vomiting twice, the judge said.
It followed there was vomit on the floor for an hour or more which had not been dealt with and, if a proper system of cleaning been in place that evening, it would have been cleaned up, he said.
Ms McGovern was entitled to succeed, he said.
She was in hospital for four days, in plaster for six weeks, off work for three months, and left with a scar, he said. She may also require operations on two screws which had to be inserted into her ankle and faced the risk of arthritis.
He awarded €60,000 general damages, €15,000 for damages into the future and €7,000 for loss of earnings.
