A client of James McSweeney Solicitors took a claim against Tesco Ireland situated at Birr Co. Offaly. Our client was walking along a designated pathway that went around the outside of the store and which led to a pedestrian entrance. However, she decided against using the pedestrian entrance and instead proceeded to walk down a grass bank verge which was used by numerous shoppers as a “shortcut”. While doing so she slipped, fell and broke her wrist. Tesco Ireland fought the case and alleged that our client was responsible for the accident as she had acted in total disregard for her own safety by taking a short cut when she knew it was unsafe and dangerous to do so.

The case was heard by Mr. Justice Mac Eochaidh at the High Court in Kilkenny. It ran for a number of days. An engineer engaged by James McSweeney Solicitors gave evidence that he attended at the planning office in Birr and that on the original application for planning permission Tesco Ireland had presented drawings which showed a Memorial Wall being built around the perimeter of the shopping centre. This wall would have prevented customers from taking a shortcut however, the wall was never built.

Mr. Justice Mac Eochaidh found Tesco Ireland 65% at fault for the accident however, he also believed that the Plaintiff contributed to her accident by taking a shortcut down an incline at night, he found her 35% liable. The Plaintiff was awarded €30,000.00 for her injuries and €100.00 for her out of pocket expenses.