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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the defendants breached their duty of care to the plaintiff by failing to maintain a safe environment at the store entrance
- 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 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
Full Case Text
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