WILLIAM DONAGHY -v- STEWARTS SUPERMARKETS LTD

Strabane County Court
18 October 2001
Deputy Judge Keegan
Civil Bill - £5,000

The Plaintiff claimed he slipped and fell on a banana skin in the Defendant's premises at Lisnagelvin, Derry on 5 June 1996. He hurt his back, right leg and right elbow.

The Plaintiff alleged that the Defendants had failed to implement and enforce a proper system of cleaning floors and had failed to carry out any or adequate inspection. The Plaintiff also relied on Section 2 of the Occupier's Liability Act (NI) 1957.

At the hearing, the Plaintiff, in direct evidence, amplified his case, to claim that there appeared to be a syrup type substance on the floor.

The Defendant's Assistant Manager gave evidence that in June 1996 the Defendants employed a housekeeper, who patrolled the shop floor every 15-20 minutes, checking for spillages and debris. A training programme had been undertaken and all staff were told how to deal with spillages.

The Judge dismissed the Plaintiff's case and said that he accepted that the Defendant's system of housekeeping was more than adequate. Costs were awarded against the Plaintiff.