Court awards woman who broke ankle in fall €75,000

A woman has been awarded €75,000 damages at the High Court after she slipped and broke her ankle when crossing a grassy embankment to leave a shopping centre car park.

Louise Byrne (48), Parslickstown Avenue, Mulhuddart, Dublin, sued Ardenheath Company and Ardenheath Management Company, owners and operators of the Mountview Shopping Centre, Blanchardstown, Dublin.

The accident happened on December 20th, 2012, after Ms Byrne, an information officer, had parked her car and was crossing the embankment which she claimed was slippery and dangerous.

The defendants denied the claims.

Mr Justice Michael Hanna found the defendants had a duty of care and could have taken steps to have the embankment made safe or ensure people did not use it.

Ms Byrne had simply followed others who were using it, he said.

He awarded €125,000 but reduced that to €75,000 after finding 40 per cent contributory negligence on her part. He granted a stay pending appeal on condition the defendants pay out €30,000.

In her action, Ms Byrne said she was leaving the shopping centre car park when the accident happened.

She claimed the defendants failed to take reasonable steps to ensure her safety including to ensure there was a safe pathway, steps and guardrail from the car park down the embankment.

She alleged they knew or ought to have known the embankment was used as an exit by people using the car park and that it was slippery and dangerous.  There was also a failure to put up signs warning it was an unsafe route, it was claimed.

Ms Byrne said she was in a plaster cast for a number of weeks and unable to work for about six months.

The defendants, in denying negligence, said they took reasonable precautions to ensure patrons’ safety.

They also pleaded Ms Byrne failed to follow the entry and exit routes and failed to have adequate caution for her own safety.