Falsey v Dunnes Stores [2018] IEHC 679 (04 December 2018)

Falsey v Dunnes Stores [2018] IEHC 679 (04 December 2018)

The proximate cause of the accident was Ms Falsey missing a step while descending the ladder, not any defect or negligence by Dunnes Stores. Ms Falsey received adequate training, there was no material defect in the ladder, and no failure of supervision. Her claim is dismissed.

Source-derived case information.

Citation
[2018] IEHC 679
Parties
Plaintiff: Jean Falsey; Defendant: Dunnes Stores
Jurisdiction
Ireland
Judgment Date
04 December 2018
Procedural Posture
Personal Injury / Re Trial Before High Court Following Circuit Court Determination
Outcome
claim dismissed
Legal Topics
Negligence, Breach of Statutory Duty, Breach of Contract, Nuisance, Workplace Safety
Tort Employment Law Negligence Breach of Statutory Duty Breach of Contract Nuisance Workplace Safety

Source-derived case record

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Parties

Jean Falsey

Plaintiff

Dunnes Stores

Defendant

Procedural Posture

Personal Injury / Re Trial Before High Court Following Circuit Court Determination

Legal Issues

  1. 1 Whether Dunnes Stores was negligent or in breach of statutory duty or contract in relation to the accident involving Ms Falsey
  2. 2 Whether the step-ladder was defective or dangerous
  3. 3 Whether Ms Falsey received adequate training in the use of step-ladders

Ratio Decidendi

The proximate cause of the accident was Ms Falsey missing a step while descending the ladder, not any defect or negligence by Dunnes Stores. Ms Falsey received adequate training, there was no material defect in the ladder, and no failure of supervision. Her claim is dismissed.

Court Disposition

claim dismissed