O'Connell -v- Breanagh Catering Ltd t/a Copper Face Jacks [2013] IEHC 426 (28 June 2013)

O'Connell -v- Breanagh Catering Ltd t/a Copper Face Jacks [2013] IEHC 426 (28 June 2013)

There was insufficient evidence that the floor was slippery or that the defendant's negligence caused the accident; the injury could have occurred due to the inherent risks of dancing, not due to any breach of duty by the defendant.

Source-derived case information.

Citation
[2013] IEHC 426
Parties
Plaintiff: Ciara O’Connell; Defendant: Breanagh Catering Limited t/a Copper Face Jacks
Jurisdiction
Ireland
Judgment Date
28 June 2013
Procedural Posture
Personal Injury / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Occupiers' Liability, Negligence, Res Ipsa Loquitur, Duty of Care
Tort Personal Injury Occupiers' Liability Negligence Res Ipsa Loquitur Duty of Care

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Parties

Ciara O’Connell

Plaintiff

Breanagh Catering Limited t/a Copper Face Jacks

Defendant

Procedural Posture

Personal Injury / High Court Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in maintaining the dance floor resulting in the plaintiff's injury
  2. 2 Whether the floor was wet and/or slippery and caused the accident
  3. 3 Applicability of res ipsa loquitur

Ratio Decidendi

There was insufficient evidence that the floor was slippery or that the defendant's negligence caused the accident; the injury could have occurred due to the inherent risks of dancing, not due to any breach of duty by the defendant.

Court Disposition

Claim dismissed