Damages of €75,000.00 awarded for Defamatory Facebook Comment.

Damages of €75,000.00 awarded for Defamatory Facebook Comment.

Woman secures €64,300 damages for personal injury after slipping in a Dunnes Stores supermarket. The plaintiff (Ms. Prior) brought action against Dunnes Stores after the incident at a Dunnes shop in which she slipped on a white liquid on the floor near the dairy fridge. The plaintiff claimed her feet shot out from under her and she fell heavily on her back.

Dunnes denied liability and also claimed contributory negligence. The judge, however, accepted expert evidence on behalf of Ms. Prior that the surface of the floor where the accident occurred was shiny and that a spillage would not have been readily visible to someone walking down the aisle.

In his judgment, Mr. Justice Anthony Barr ruled that Ms. Prior had established negligence. The judge said he was not making a finding of contributory negligence against Ms. Prior. He said she was a truthful witness.

In deciding the quantum of the award (€64,300), the judge accepted medical evidence on Ms. Prior’s behalf. Although some of her injuries have resolved, she will continue to have lower back pain in the future. He noted Ms. Prior, who is a dancer, accepted that since the accident she did high energy dance routines as part of her musical performances and other activities, some of which were posted on social media. Noting the online posts, Justice Anthony Barr said Ms. Prior was able to pursue fairly active sporting and recreation activities and it was clear she was “a fit young lady”. She would, however, have to adapt her lifestyle to take account of her condition. An award of €64,300 plus legal costs was made.