Damages of €20,000 have been awarded to a 24 year old lady whose right ankle was broken in an award winning nightclub in Dublin. Aoife Lamb claimed that she was in the smoking area of the well-known Wright Venue in Swords, Co. Dublin when another woman slipped on the wet floor and struck her on the left shoulder resulting in both women falling onto the concrete floor. The other woman fell on top of Ms Lamb, breaking her right ankle. Aoife claimed that the smoking area was overcrowded at the time the incident occurred in August 2011 and she then proceeded to sue The Wright Bar Group Ltd for negligence and breach of duty.
The nightclub denied all liability in a full defence and claimed that Ms Lamb fell by herself to the ground and that the second lady went to help her up but fell over her. They also denied that the smoking area was overcrowded at the time Ms Lamb fell.
Matthew Jolley, the barrister who acted for Ms Lamb, was told how she was helped to her feet and brought to the emergency exit by another patron and how she received first aid from an employee of the nightclub. Aoife told the Court how she was then brought to Beaumont Hospital where X-rays were carried out and she was told she had fractured her right ankle. The Court heard how Ms Lamb has undergone a number of physiotherapy sessions and had to keep her ankle in a cast for several weeks. The Court also heard how Ms Lamb’s social life had been disturbed and how she suffers from on-going occasional pain.
Mr Justice Groarke said in his view the evidence showed the smoking area to be excessively overcrowded and awarded Aoife Lamb €20,000 in damages.
The above case illustrates how the courts will view all evidence in matters especially cases where the defendant denies all liability before making judgement.
TIERNAN & CO SOLICITORS IS A MEMBER OF THE DUBLIN SOLICITORS BAR ASSOCIATION AND THE LAW SOCIETY OF IRELAND