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A 28-YEAR-OLD sales assistant, who fell from a ladder in a Dorothy Perkins store in Dublin, has settled a €60,000 personal injuries claim against her employer for an undisclosed sum.
Barrister Paul Gallagher, counsel for Charlene Fagan, of Arbour Terrace, Arbour Hill, Dublin, told the Circuit Civil Court today that the case had been settled following talks between the parties and could be struck out with an order for Fagan’s legal costs.
Gallagher, who appeared with Anderson Gallagher Solicitors, told Judge Jacqueline Linnane the settlement had been reached on the basis of a continuing denial of negligence and liability on the part of the store.
Fagan sued Arcadia Group Multiples (Ireland) Limited which trades as Dorothy Perkins with a registered office at Grand Canal Square, Dublin.
She alleged in her damages claim that in February 2015 she had fallen from a ladder in the Dorothy Perkins stockroom at Jervis Street Shopping Centre in Dublin.
Back injuries
Fagan stated that she had been standing on the ladder and had been reaching up to a high rail while attempting to put hangers bearing jeans onto the rail when some of the hangers broke.
This had caused the load to become unstable and was responsible for her losing her balance and falling on her back on the storeroom floor. The following day she had been treated at St James’s Hospital for low back soft tissue injuries.
She had continued to attend her doctor and was treated with non-steroidal anti-inflammatory medication and analgesia. She was unable to work for a week and then returned to limited duties.
Fagan had alleged the store had failed to provide appropriate platform steps to assist staff placing garments on high rails, requiring staff to stand on the top step of the ladder exposing them to a risk of injury.
Her lawyers also alleged the company had failed to carry out a risk assessment to ensure that the appropriate access equipment was provided in the stockroom.
Dorothy Perkins denied negligence in a full defence to Fagan’s claim and alleged she had overstretched and had failed to seek assistance from colleagues. The store claimed she had been careless or inattentive for her own safety and had been the author of her own downfall.
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Dorothy Perkins owned by Arcadia which is owned by Sir Phillip Green the BHS pension robber.
I am not condoning the massive payout for a fall with no broken bones but at least someone got a few quid out of the guy. Insurance payouts in this country are ridiculously high. It is easier to settle a claim rather than fight it. Barristers and insurance companies love the fixed cost of doing business as opposed to letting a judge decide with an unknown outcome.
Barristers have a set price for pretty much every injury then its just a case of agreeing the middle ground like a Dutch auction.
She got nothing out of him at all, it will be paid by insurance companies, which will pass on raised premiums to the rest of us. If you think Philip Green even suffered a 1c loss as a result of this you are very wrong, however you and I will.
She didn’t get 60k. Read the article. Doesn’t actually state what she got but her employers did have a responsibility to provide her with a safe working environment. They failed, lesson learned.
Why do the journal persist in reporting every compensation claim case as a ” €60,000″ claim ??? Anybody who knows anything about how these cases work knows that there is no nominal figure on any personal injuries claim and the amounts awarded are agreed by barristers etc. in the course of the trial or, more often, in the four courts building before the case actually gets in to a courtroom.
What has gone wrong with claims I’m this bloody country. 60K is far to much. No wonder the insurance is so high here. We have become a claim for everything . We need a Max. Claim limit for cases. This is getting out of hand.
So she got money for having no balance.
Owners of retail outlets take note. I see it every day in shops.staff packing shelves using flimsy ladders to put stock up on the top shelves. It’s very very hard to keep an eye on Nov doubt a huge increase in the shops insurance policy.
My comment thread here about #journalmemes was removed by the People’s Republic of the Journal.
Censorship alive and well!
“Jorry or Barron Adams”…
I don’t know what a tracker mortgage is.
@Qwerty: Beyoncé
I blame the bankers/developers/regulators!!
@Brian:she didn’t get that or anything like it nothing is greed it’s not the end of this none of it is true
@Qwerty go to sleep your drunk egg ,
All lies you are all reading shite unbelievable this is load of shite
Tia.. so what’s the real story then ?
@Qwerty: Neoliberal!!!
Ideology!!
This is all lies! She didn’t get that biggest load of bullshit ever wrote in the paper unbelievable
Tia Fagan if it’s before the courts then the media don’t need permission. . Get over yourself ..
Tia Fagan .. that is not what the article said try reading it again. .
@Tia Fagan: try reading the article again….slowly
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