A woman struck in the face by a bottle thrown during a commotion outside a pub had been the victim of a criminal act because she wanted a "good look" at the incident, a High Court judge has said.
Mr Justice Iarfhlaith O'Neill made the comment when he dismissed an action for damages by Amanda Connolly (25), Clondalkin, Dublin, against her former employer, Finches Grey Goose pub, Neilstown, Clondalkin.
Ms Connolly said she went outside about closing time on March 18th, 2010, for a smoking break.
The court heard her two front teeth were damaged, another was broken and she was a cut over her left eye when she fell after being struck with a pint cider bottle, a type only sold in pubs.
Mr Justice O’Neill there was no evidence of any trouble inside the pub that night and therefore no reason not to allow customers to recap bottles.
Any duty of care to pub workers did not extend to what happened outside the pub, he said, which “would be impossible to perform”.
CCTV footage showed Ms Connolly “more or less running or moving very rapidly towards the commotion”, he said. She had done more than “just stop at the front door for her smoke break”.