When a simple walk to a wedding banquet left a woman with life-changing injuries, the High Court found the hotel at fault and awarded her €72,000. Pamela Kirby’s case is a powerful reminder of how easily accidents can happen in public spaces and what you need to know about your rights if you’re injured due to someone else’s negligence.
This post explores the details of Pamela’s case, the obligations hotels and businesses have to their guests, and the steps anyone should take after a slip and fall incident. You’ll also learn about personal injury law in Ireland and how to seek support if you or a loved one are affected.
Pamela Kirby’s Story
A Joyful Occasion Turns to Trauma
Pamela Kirby, a 42-year-old nurse, attended a friend’s wedding at Hotel Kilkenny in August 2018. After leaving the hotel lift, she was crossing a lobby area to reach the wedding banquet when her high heel slipped in what turned out to be a patch of clear liquid on the floor. The fall was devastating. Pamela dislocated her elbow, suffered a leg injury, and broke bones in her toes. Both her arm and leg required plaster casts. The pain, she recounted, was excruciating. “I was in so much pain, I thought I was going to die,” she told the High Court (source).
The Hotel’s Response
The hotel denied responsibility, claiming that Pamela lost her balance due to five-inch stilettos rather than any hazard on the floor. They argued that her footwear was to blame, not the premises.
However, Judge Tony O’Connor disagreed after reviewing the evidence, including CCTV footage and testimony from Pamela and her husband. He noted she had worn the same heels to events for over six years without issue and that guests should expect hotel floors to be free from hazards or, at minimum, clearly marked if wet.
The Verdict
The court was “satisfied that, on the balance of probabilities, Ms Kirby slipped on a clear liquid sitting on the tile,” and found the hotel in breach of its duty of care. Her fall was not, the judge concluded, a result of inappropriate footwear but of the hotel’s failure to keep the area safe or post warning signs. Pamela Kirby was awarded €72,000 in compensation to cover medical costs, lost income, and pain and suffering.
Hotels’ Duty of Care to Guests
What the Law Requires
Hotels, restaurants, and all public venues in Ireland owe a duty of care to every guest. This means premises must be kept reasonably safe, and foreseeable hazards like spills, broken tiles, or loose carpets must be addressed. If a risk can’t be fixed immediately, clear warning signs must alert people to the danger. Guests are entitled to expect they can move about the property without encountering hidden risks.
Common Failures Leading to Claims
- Failing to mop up spilled liquids
- Not providing wet floor warning signs
- Poorly maintained flooring (slippery tiles, loose mats)
- Ignoring reports of leaks, spills, or other hazards
Pamela’s case is just one of many where a visible absence of caution or warning signage led directly to a guest’s serious injury.
What Counts as Negligence?
For a personal injury claim against a hotel or business to succeed, certain elements must be proven:
Duty – The property owner or operator owed you a duty of care.
Breach – That duty was breached (for example, by failing to clean up a spill or provide a warning).
Causation – The breach directly caused your injury.
Damages – You suffered loss (pain, medical expenses, lost earnings).
Judge O’Connor’s ruling rested on these points. The hotel clearly owed its guests protection from preventable harm and failed to meet this standard when a clear liquid was left on the floor with no warning in place.
What to Do If You Slip or Fall in a Public Place
If you find yourself injured after a slip or fall, your health is the immediate priority. But preserving evidence is also important should you wish to take legal action. Here’s what to do:
1. Get Immediate Medical Help
Seek medical attention promptly for any injury, even if it feels minor at first. Medical records will form a crucial part of your claim.
2. Report the Incident
Inform a manager or responsible staff as soon as possible. Make sure the incident is officially recorded in the premises’ accident book.
3. Gather Evidence
- Take photographs of the scene, your injuries, and any relevant hazards.
- Collect contact details for witnesses who saw what happened.
- Keep records of all medical appointments, expenses, and correspondence.
4. Document Your Experience
Write a clear account of what happened as soon as you’re able. Memories can fade, and contemporaneous notes can support your account.
5. Get Legal Advice
Experienced personal injury solicitors can help you understand your rights, value your claim, and guide you through the steps (see HOMS Assist for further information).
Understanding Personal Injury Claims in Ireland
When you’re injured through someone else’s negligence, you’ve a right to seek compensation. Here’s how the process generally works:
Who Can Make a Claim?
Anyone injured in an accident caused by another’s failure to take reasonable care may be eligible. This includes injuries in hotels, shops, on the road, or at work.
How Is Compensation Calculated?
Compensation in personal injury cases is split into:
- General damages for pain, suffering, and impact on quality of life.
- Special damages for medical costs, lost earnings, and other financial losses.
Guidelines provided by the Judicial Council help determine appropriate awards.
The Claims Process
- Initial consultation with a solicitor. They assess eligibility and advise next steps.
- Medical reports to document the physical impact and prognosis.
- Application to the Personal Injuries Resolution Board (PIRB), which may propose a settlement.
- If the settlement is refused by either party, court action may follow, as in Pamela’s case.
Time Limits
Strict time limits apply. Generally, you must start your claim within two years of the date of the accident or knowledge of the injury.
What If You’re Partly to Blame?
If you share some responsibility (contributory negligence), you may still be entitled to compensation, though it could be reduced.
Why Victims Deserve Compassion and Justice
Accidents like Pamela Kirby’s don’t just cause physical pain. Trauma, loss of income, and questions about what could have been done to prevent the injury linger long after. Victims need expert legal guidance, but also empathy and support. A team dedicated to both the human and legal side of your situation makes a difference.
The result in Pamela’s case provides reassurance that victims can be heard and protected, even when the facts are hotly contested. The court gave careful weight to evidence, clearly understood the realities of life for guests in public settings, and ultimately redressed the balance in her favour.
Taking Action After a Serious Fall
No one should have their life derailed by a hazard that should not exist. If you or a loved one is injured due to a business or organisation’s failure to keep people safe, here’s how to begin:
- Take care of your immediate health needs
- Record and report everything you can
- Seek expert legal advice as soon as possible
Supportive, knowledgeable legal teams such as HOMS Assist understand what you’re going through and will fiercely protect your right to fair treatment and compensation.
Seeking justice after a serious accident can feel overwhelming, but you are not alone. Trust compassionate professionals to stand with you and champion your recovery.
