A CIVIL servant, who claimed a tin of paint had fallen on her foot in a DIY store, has been awarded more than €25,000 damages in the Circuit Civil Court.
Breeda Redican, of Ballisk Court, Donabate, Co Dublin, told Judge Jacquline Linnane that in July 2009, she had been looking for a particular type of paint in Homebase, Santry, Dublin.
As she could not find it she had asked a sales assistant for help. The assistant had shown her where the paint was located and pointed out the tins to her. He had stood beside her while she attempted to lift a 2.5 litre tin of paint. Ms Redican said that although the shelf had been at face level the handle on the tin had not been visible, and the tins were close together on the shelf.
She had held the tin by its sides with both hands and as she lifted it she had been surprised by the weight. She had let it slip and it had fallen on her right foot.
Ms Redican said she had been wearing flip-flops and her toes had required stitching.
The court heard Ms Redican was still affected by the accident. She said she needed to wear runners most of the time and that her balance was uneven. Her chiropodist had said her foot would never recover 100 per cent.
Homebase sales assistant Colm Casserley said Ms Redican had not asked him for assistance. She had taken paint off the shelf and it had slipped as she had attempted to replace it on the shelf. The company denied any negligence.
Judge Linnane, awarding Ms Redican damages, said she accepted her account of what had happened. Ms Redican continued to have reduced mobility in her foot with a certain degree of pain.