Girl, 12, settles injury claim over alleged Supermac’s fall as baby for €11,000

A 12-year-old girl who sustained a skull injury as a baby following a slip and fall in a takeaway restaurant has settled a High court action for €11,000.

Aisling Crowley was only six months old at the time of the accident when the High Court heard she fell on the floor of the Supermac’s takeaway restaurant in Tullamore, Co Offaly, hitting her head. The settlement is without an admission of liability.

Aisling Crowley, Clonaslee, Co Laois had through her mother Sarah Sherlock sued AVTD Ltd, with registered offices at William Street, Tullamore, Co Offaly trading as Supermac’s, Tullamore. Mr Justice Micheal P O’Higgins was told that liability was fully at issue in the case and if it went to trial the girl may not win her case.

It was claimed that on December 6, 2012 in Co Offaly, Aisling was in her mother’s arms when her mother was allegedly caused to slip and fall to the ground as she walked to the counter at the Supermac’s premises.

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It was claimed that the floor of the restaurant was wet and slippery and in a dangerous condition. All of the claims were denied.

It was claimed that the child’s mother fell forward onto the ground and the baby fell from her arms and sustained a skull injury. Her mother had attempted to protect the baby from hitting the ground, the court heard.

An X-ray in hospital showed the baby had not sustained a bone injury but another scan showed a skull fracture but no haemorrhage. The court heard the injury later cleared up.

The girl’s lawyers told the court that CCTV footage showed 64 people had walked on the same floor in the two hours before the alleged accident and others in the two hours after, and all without incident. Counsel said there was a cleaning system in place.

A related action by the mother over the alleged fall, the court heard, had also been settled and could be struck out.

Approving the €11,000 settlement Mr Justice O’Higgins said it appeared that the mother had an unfortunate slip on a wet day and the child had a potential serious injury but according to the medical report there was a short duration of symptoms. Noting the issue with the liability the judge approved the settlement.

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