28,000 award for woman who fell off toilet

A 61-year-old carer who was injured when she fell off the toilet of her Shankill, Co Dublin, home, has been awarded almost 28,000 damages in the Circuit Civil Court.

Judge Jacqueline Linnane said that Isabela OSullivan got such a fright when a wall tile fell down as she sat on the toilet that she fell forward, injuring her right knee.

Barrister William Martin Smith told the court that Ms OSullivan, only weeks before the September 2011 accident, had her bathroom re-tiled following a fire at her house in Rathsallagh Grove, Shankill.

She sued contractor Neil Kelly, of Old Rd, Monasterboice, Drogheda, Co Louth, who had been hired by her insurance company to carry out remedial work to her home.

Kelly, who had employed a tiler to do the work, denied liability for alleged negligence or that the work had not been done properly.

Judge Linnane said Mr Kelly believed Ms OSullivans claim was a fraudulent one and that she had prised the tile off the wall because she wanted different tiles after discovering that not enough tiles had been ordered to cover the bathroom walls.

Mr Martin Smith said Ms OSullivan had gone to the bathroom on September 8, 2011. As she sat on the toilet she had noticed a flashing shadow of the tile as it fell from the top row. The fright had caused her to fall forward off the toilet seat.

He said that she had lain on the floor for several minutes before managing to call one of her friends.

Ms OSullivan said she had needed to attend her GP several times, complaining of ongoing pain in her knee. She had undergone physiotherapy sessions and her GP had referred her to a specialist as the pain had been persistent.

Mr Martin Smith told the court X-rays had revealed Ms OSullivan had an underlying degenerative condition in her knee. He said she was no longer able to go for long walks as she used to.

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28,000 award for woman who fell off toilet