A fall incident at a fast food joint has led to a £11,000 court settlement for a 12-year-old girl, Aisling Crowley, who suffered a head injury as a baby. 6-month-old Aisling fell from her mother’s grasp and hit her head on the floor at a Supermac’s outlet in Tullamore, Co Offaly when her mother unexpectedly slipped. However, the restaurant has not accepted responsibility for the incident.
The prime subject of the lawsuit was AVTD Ltd, who run the Supermac’s branch in Tullamore and are based at William Street in the same town. The lawsuit was initiated by the mother, Sarah Sherlock, on behalf of her daughter. Notably, Mr Justice Mícheál P O’Higgins relayed to the court that if the case proceeded to trial, there was a significant risk that the girl might lose.
According to the filed claim, on the 6th of December, 2012, Sarah Sherlock slipped and fell while making her way to the restaurant’s counter. This was allegedly due to a wet and dangerous floor condition at the restaurant. As Sherlock fell, she dropped Aisling, who sustained a skull injury. The mother had tried to prevent her from hitting the floor.
The court was informed of an X-ray indicating that Aisling did not suffer any bone injury. However, another X-ray confirmed a skull fracture, though no bleeding was detected. The injury ultimately healed.
The lawyer representing Aisling referred to CCTV footage which showed 64 patrons walking on the same spot without any mishap, both two hours before and after the alleged incident. This evidence, in conjunction with a functioning cleaning system, was put forth to suggest that the floor condition was satisfactory. The court was also informed of a separate, yet related settlement involving the mother and her fall incident.
The judge consented to the £11,000 settlement, acknowledging the contention surrounding the liability. He put forth that the mother’s misfortune appeared to be an inadvertent slip on a damp day, and that the child sustained a potentially grave injury which, as per the medical record, exhibited a short span of symptoms.