Griffin v Dunnes Stores Bangor Ltd [2016] NIQB 15 (15 April 2016)

Griffin v Dunnes Stores Bangor Ltd [2016] NIQB 15 (15 April 2016)

The defendants operated a reasonably effective system for dealing with hazards, including regular cleaning and a 'pick and go' policy. There was no evidence of foreseeable risk or breach of duty. The plaintiff failed to establish negligence or breach of statutory duty.

Citation
[2016] NIQB 15
Parties
Plaintiff: Ann Griffin; First Defendant: Dunnes Stores Bangor Limited; Second Defendant: BTW Shiels; Third Defendant: Newry & Mourne District Council; Fourth Defendant: Trevelyan Hall Limited t/a LitterBoss
Jurisdiction
Northern Ireland
Judgment Date
15 April 2016
Procedural Posture
Personal Injury / Final Judgment
Outcome
claim dismissed
Legal Topics
Occupiers' Liability, Negligence, Duty of Care, Statutory Duty, Contributory Negligence

Case Brief

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Parties

Ann Griffin

Plaintiff

Dunnes Stores Bangor Limited

First Defendant

BTW Shiels

Second Defendant

Newry & Mourne District Council

Third Defendant

Trevelyan Hall Limited t/a LitterBoss

Fourth Defendant

Procedural Posture

Personal Injury / Final Judgment

  1. 1 Whether the defendants breached their duty of care to the plaintiff by failing to maintain a safe environment at the store entrance
  2. 2 Whether the defendants were negligent or in breach of statutory duty regarding the presence of a plastic bag causing the plaintiff's fall
  3. 3 Whether contributory negligence applies

Ratio Decidendi

The defendants operated a reasonably effective system for dealing with hazards, including regular cleaning and a 'pick and go' policy. There was no evidence of foreseeable risk or breach of duty. The plaintiff failed to establish negligence or breach of statutory duty.

Court Disposition

claim dismissed

Orders

  • Judgment for Newry & Mourne District Council against the plaintiff
  • Plaintiff's claim dismissed against all defendants