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Sunday 18 November 2018

Bride-to-be says she 'couldn't blow-dry my hair', after slip and fall in M&S store

Bernadette Flynn said her leg went up in the air and she fell
Bernadette Flynn said her leg went up in the air and she fell

A woman who claims she slipped on an alleged grease-like substance in a food hall is suing Marks & Spencer in the High Court.

Bernadette Flynn was shopping with a friend for bridesmaid dresses in Dublin when she claims she fell as she walked through the food hall of the Mary Street store.

"My leg went up in the air. I went down. I was completely shocked," she said.

Ms Flynn said she was crying and embarrassed and could not get up. She said her friend could not find anyone to help, but another shopper helped her up.

Ms Flynn (49), of Ropewalk, Ringsend, Dublin, is suing Marks & Spencer Ireland Ltd after the alleged fall on February 6, 2016.

She has claimed she hurt her wrist and hip and afterwards had difficulties in relation to domestic activities such as vacuuming and ironing, and she could not blow-dry her hair.

Precautions

She has claimed there was a failure to take any reasonable steps or precautions for her safety and maintain a safe and adequate system of cleaning of the premises.

Mr Justice Anthony Barr was told the claims were denied and Marks & Spencer has also contended there was contributory negligence on the part of Ms Flynn, who it has alleged did not keep a proper lookout.

The company has further stated that it cannot understand why Ms Flynn's friend could not find somebody to help after the alleged fall as it said it had 17 people in the area at the time.

Ms Flynn said she noticed a skid mark about a foot long on the floor, which appeared to be a cream or grease-like substance.

She told Mr Justice Barr she was embarrassed and in a lot of pain, and already suffers from an arthritic condition.

She said that after the fall she got a taxi home and phoned the Marks & Spencer store and reported what had happened.

She said she was in hospital the next day on another matter when somebody from the store rang her, but she was unable to speak with them. A person from Marks & Spencer rang her a few weeks later.

She said she got married a few months later but had been unable to keep up a gym exercise plan devised for the run-up to the wedding.

Counsel for Marks & Spencer, Michael Counihan, said the store had no record of a phone call from her on the evening of the alleged accident.

The case continues.

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