Court throws out teenager’s claim of slipping on milk at Lidl

CCTV footage shows Cassie McDonagh (16) falling after walking past spillage three times

The case was fully contested by Lidl, which had offered Cassie McDonagh a chance to drop the action but she refused. Photograph: Dara Mac Donaill

The case was fully contested by Lidl, which had offered Cassie McDonagh a chance to drop the action but she refused. Photograph: Dara Mac Donaill

 

A shopper who told a court she was injured when she slipped on milk in a Lidl supermarket has had her €15,000 compensation claim thrown out.

Cassie McDonagh, St Mary’s Park, Dunsink Lane, Finglas, Dublin 11 was left facing hefty legal bills after she sued Lidl Ireland for damages for personal injuries as well as inconvenience and expenses she suffered.

She claimed the store was negligent and failed to have regard for her safety.

However, her civil action at Dublin District Court was dismissed by Judge John Brennan who was shown CCTV footage of her returning to the spillage a number of times before she fell.

Ms McDonagh claimed she slipped at the supermarket in Glasnevin in Dublin on August 10th, 2016 because of the liquid on the floor near refrigerators and suffered back pain. She was then aged 16.

A medical report stated she had lower back pain for three to four months after the fall and had intermittent back pain since. She made a full recovery, the court heard.

CCTV footage was shown and she was cross-examined by Lidl’s barrister Fred Gilligan. She agreed she did not tell the doctor she had been in two previous traffic incideents over the previous nine-month period.

In the video evidence, she was shown entering the store at about 6.45pm. She appeared to walk past the spill but after speaking to another person, she looked back towards it before she returned.

She appeared to say something to another girl about the liquid on the floor.

On the third time she walked over it and slipped, the court heard.

Questioned by counsel, she could not explain why she went back toward the spillage.

The case was fully contested by Lidl, which had offered her a chance to drop the action but she refused.

Dismissing the case, Judge Brennan noted she had walked past the spillage on a number of occasions prior to the accident and he held she had to have seen it.

Costs were awarded to Lidl.