The High Court has ruled in favour of a Donegal woman who suffered a severe wrist injury after slipping on a wet dancefloor at the Allingham Arms Hotel in Bundoran. The court awarded Ms. Carmel Duddy €233,486.80 in damages, holding the hotel fully liable for the accident.
Ms. Duddy, a retired hospital cleaner from Letterkenny, was attending an event at the hotel in February 2017 when she slipped and fell while dancing. The court heard that the dancefloor was wet from spilled drinks, and that the hotel had failed to implement proper cleaning measures to prevent such hazards. As a result of the fall, Ms. Duddy suffered a serious fracture to her right wrist, which ultimately forced her into early retirement due to chronic pain and limited mobility.
In delivering his judgment, Mr. Justice Jordan criticized the hotel’s lack of an adequate safety system. “The court is satisfied that the floor was wet due to spilled drink, that the defendant was aware of the risk, and that no proper system was in operation to mitigate this danger,” he stated. The judge found that the hotel had failed to comply with its duty of care under the Occupiers’ Liability Act 1995, which requires businesses to take reasonable steps to protect customers from hazards.
The court also noted that the hotel had been aware of the dangers associated with allowing patrons to carry drinks across the dancefloor but had not enforced sufficient controls to prevent spills. Witnesses, including Ms. Duddy’s dance partner, testified that the floor was wet in multiple areas on the night of the incident. Despite claims by hotel security staff that no spillage was visible, the court found the testimony of the plaintiff and her witnesses more credible.
Ms. Duddy’s injuries had a lasting impact on her ability to work, leading to financial losses. The compensation awarded includes damages for pain and suffering, loss of earnings, and future financial losses. The judge also factored in a reduction of 20% to account for uncertainties regarding whether she would have continued working until the full retirement age.
The ruling underscores the obligations of hospitality venues to ensure customer safety, particularly in environments where spills are likely. The decision may prompt businesses in the industry to review and strengthen their safety measures.
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