Accident at Work – Plaintiff’s claim fails due to her responsibility for cleaning regime

This month’s Health and Safety Law Review highlights the case of Wall v Delta Centre Limited High Court Waterford June 2010 whereby the High Court dismissed a claim for damages by a care assistant who claimed she slipped on a wet floor in a wash room in a centre which provided services for adults with disabilities.It was reported that the wash room was used to wash patients including full body washes. Included in the room was a complete collection of cleaning equipment. There was also a cleaning regime in place.Mr. Justice Eamonn De Valera held that the care assistant was responsible for keeping the room where the accident happened dry. The Court was told that whilst retrieving a pair of latex gloves from the wash room, the care assistant fell and hit her head against the base of a shower bed.Justice De Valera concluded that although a difficult case to decide, he was not satisfied the case was due to the negligence of the care assistant’s employer. As the care assistant was responsible for keeping the room dry, her claim was dismissed.