€44,000 damages awarded to a man who injured his foot in a pub

€44,000 has been awarded to Patrick McDonagh, from Bray, County Wicklow after he tripped and fell on the steps when leaving the smoking area of The George Pub in Dublin. The Court heard how following the incident Patrick required surgery and physiotherapy and had been left with unsightly scars on his knee, leg and ankle. He was also absent from work for nine weeks.

Mr McDonagh sued Vikram Limited, trading as The George Public House, South Great George’s Street as a result of the incident that occurred on 24th September 2011.

Justice Kevin Cross found that the pub was 60% responsible for the injuries sustained by Patrick. In finding Mr McDonagh 40% liable, the Judge noted that the area was well lit and the step had a strip of white paint on it. The CCTV footage showed how Patrick was looking upward as he approached the steps.

Mr Justice Cross found that the step was too high and it was a danger. From watching the CCTV footage he believed that Mr McDonagh did trip and fall.

The Court heard how although Mr McDonagh was not intoxicated at the time, he had consumed around three pints and was “merry”.

Justice Cross awarded a total of €74,764 which was reduced to €44,000 when the contributory negligence was taken into account.

The above case illustrates how bar owners have high legal duties of care to do everything reasonably possible to protect their patrons from foreseeable harm. Although the area was well lit and the step had white markings on it, Justice Kevin Cross still held the owner 60% liable for the injuries that occurred.

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