Court Awards Student €35,000 for Work Injury

swan shopping centre personal injury claim

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A young design student, Yana Shmatova, employed by Dunnes Stores was awarded €35,000 in damages by the Circuit Civil Court. The trial, oversaw by Judge Sarah Berkeley, determined that the student was working in a “dangerous” environment when boxes of cereal fell from a shelf and broke her nose.

Dunnes Stores Denied Liability

Dunnes Stores argued that Shmatova did not take the proper precautions while attending to her stockroom tasks. According to Dunnes Stores, Shmatova should have been more conscious of her surroundings and should have noticed the boxes that ultimately hit her in the face and broke her nose.

Forensic Engineer Conducted Analysis of Stockroom

Forensic engineer, Barry Tennyson, conducted an analysis of the risks associated with the stockroom. Tennyson found that the area did not have the proper shelving and racking that would allow for the proper and safe storage of goods. Tennyson also noted the improper overuse of the room because of its congestion. Goods were found stacked inappropriately which was considered to be a danger by the Circuit Civil Court.

Court Sides with Shmatova

Shmatova alleged that her injury, a broken nose that required surgery, occurred when she was putting away soy milk. Shmatova testified that she did not know how the box fell on her and was confused when it hit her. She was represented by Barney Quirke who appeared with Tiernan & Co Solicitors.

Shmatova’s nose, those corrected by surgery, remains misshapen and that it still causes discomfort. Shmatova has considered rhinoplasty in the hopes of reducing pain, discomfort, and correcting the shape of her nose.

Upon the conclusion of evidence, Judge Berkeley made the award citing that she did not believe that Dunnes Stores had conducted a proper risk of assessment of the stockroom before the accident occurred.

Were You Hurt on the Job?

If you were hurt on the job, you have legal advocates on your side who are ready to help protect your legal rights and help you get the compensation that you deserve. If you were hurt, contact Tiernan & Co Solicitors right away. Tiernan & Co Solicitors has a track record of success helping injured workers. You may be entitled to receive Injury Benefit under the law. To learn more or for assistance with the application process, contact Tiernan & Co Solicitors now.

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