Greene v Dunnes Stores [2019] IECA 115 (27 March 2019)
The evidence did not support the finding that the wrapper was discarded by staff, and the employer had a first class cleaning and inspection system. The employer fulfilled its common law and statutory duties, and liability was not established.
- Citation
- [2019] IECA 115
- Parties
- Plaintiff/respondent: Laura Greene; Defendant/appellant: Dunnes Stores
- Jurisdiction
- Ireland
- Judgment Date
- 27 March 2019
- Procedural Posture
- Personal Injury Appeal / Appeal From High Court Judgment
- Outcome
- Appeal allowed; claim dismissed
- Legal Topics
- Employer's Liability, Personal Injury at Work, Standard of Care, Vicarious Liability, Statutory Duty Under Safety, Health and Welfare at Work Act 2005
Case Brief
Summary, issues, holding and outcome
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Parties
Laura Greene
Plaintiff/respondent
Dunnes Stores
Defendant/appellant
Procedural Posture
Personal Injury Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether the employer breached its common law and statutory duty to the employee
- 2 Whether the presence of a wrapper on the floor was attributable to the employer's staff
- 3 Whether the cleaning and inspection system was adequate to discharge the duty of care
Ratio Decidendi
The evidence did not support the finding that the wrapper was discarded by staff, and the employer had a first class cleaning and inspection system. The employer fulfilled its common law and statutory duties, and liability was not established.
Court Disposition
Appeal allowed; claim dismissed
Orders
- Claim dismissed
- No re-trial directed
Full Case Text
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