Greene v Dunnes Stores [2019] IECA 115 (27 March 2019)

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

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Parties

Laura Greene

Plaintiff/respondent

Dunnes Stores

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From High Court Judgment

  1. 1 Whether the employer breached its common law and statutory duty to the employee
  2. 2 Whether the presence of a wrapper on the floor was attributable to the employer's staff
  3. 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