O'Neill -v- Dunnes Stores [2010] IESC 53 (16 November 2010)

O'Neill -v- Dunnes Stores [2010] IESC 53 (16 November 2010)

The majority held that Dunnes Stores was negligent in failing to provide an adequate system for security backup and communication, making it foreseeable that a member of the public might be called to assist and be injured. The defendant's negligence was a cause of the plaintiff's injuries, and the rescuer doctrine...

Source-derived case information.

Citation
[2010] IESC 53
Parties
Plaintiff: Brendan O'Neill; Defendant: Dunnes Stores
Jurisdiction
Ireland
Judgment Date
16 November 2010
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Employer's Liability, Vicarious Liability, Rescuer Doctrine, Duty of Care, Causation, Foreseeability, Standard of Care
Tort Law Negligence Personal Injury Employer's Liability Vicarious Liability Rescuer Doctrine Duty of Care Causation +2 more

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Summary, issues, holding and outcome

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Parties

Brendan O'Neill

Plaintiff

Dunnes Stores

Defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Dunnes Stores was negligent in its security arrangements leading to injury of a rescuer (plaintiff)
  2. 2 Whether the defendant's negligence was a cause of the plaintiff's injuries given the intervening criminal act of a third party
  3. 3 Whether expert evidence is required to establish negligence in security arrangements

Ratio Decidendi

The majority held that Dunnes Stores was negligent in failing to provide an adequate system for security backup and communication, making it foreseeable that a member of the public might be called to assist and be injured. The defendant's negligence was a cause of the plaintiff's injuries, and the rescuer doctrine applied. The appeal was dismissed, affirming the High Court's finding of liability against Dunnes Stores.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Defendant's appeal dismissed
  • High Court award of damages to plaintiff affirmed