Fallen over in a pub? Not like this!
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Now, what concerned me was that the article was based around the apparent fault of Eoin in that at the time of the accident he was checking his phone and looking at the television. It implies that as he was distracted he failed to see the open hole in the ground. However, I would question why the elevator shaft was left open anyway? The elevator shaft is apparently used to bring up towels from the basement. But, there are no signs of these towels in the video footage so presumably the shaft door had been left open in error. The door is situated in the walkway immediately behind the bar and there is hardly any room to walk round it. So, if you were serving a customer, you wouldn't be looking at the floor whilst doing so would you? Would the accident still then be considered your fault as you were serving a customer as opposed to looking around the bar or at your phone?
Fortunately, despite falling around 10 feet and hitting the top of the elevator at the bottom of the shaft, Eoin only sprained his ankle and knee.
To me the fault lies with the employer in allowing the door to remain open in a busy walkway behind a bar and failing to provide sufficient training to the member of staff who left the door open. I assume it wasn't Eoin . . .
Legal Executive - Personal Injury team
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