McDonald’s held responsible to pay almost €32k in damages after a man’s fall
By Caroline Browne, Partner
A man who suffered injuries to his neck, lower back and exacerbated a condition of anxiety when a chair collapsed from under him in McDonalds at Belgard Road, Tallaght was awarded almost €32,000 on the 2nd July 2013.
Mr Boxwell, a musician, in February 2011 suffered an injury to his neck and back. Some 7 years prior to the accident Mr Boxwell had suffered from anxiety and panic attacks. Mr Boxwell had suffered considerable anxiety and stress relating to this accident, which had stirred up symptoms of his previous condition of anxiety that he had managed to bring under control prior to this accident.
Judge Groarke said that he was satisfied that Mr Boxwell physical injuries to his neck and back had resolved within 8 months after the accident but that he had continued to suffer from his anxiety disorder.
Mr Boxwell in his evidence explained that he was now unable to enter restaurants without first sending someone in to check seating arrangements. His work as a musician also suffered as he was unable to complete a gig since the accident and he had also to give up teaching music.
Counsel for McDonald’s told the court the restaurant had accepted responsibility for the accident, but believed Mr Boxwell had exaggerated his claim.
Judge Groarke said he could not accept this and said that Mr Boxwell “This man has been unable to enjoy things we all take for granted and his relationship with his wife and children has suffered,” and that he is an “admired and highly accomplished musician” who is still fighting a fear of public places following an accident in a McDonald’s was awarded almost €32,000 damages.
