The woman had fallen in a bathroom but the incident had not been witnessed by anyone. Counsel for the claimant said it was believed her fall had been caused by a wet floor but the lady, who was of very advanced years, would be unable to assist a court with regard to details of the incident which had occurred in August last year. The woman sued the Nursing Home through her daughter who had provided sworn evidence to the court for the purpose of her mother’s claim. Counsel told the Court the lady had suffered a fracture to her low back at the T12 area and broke her left wrist. Following the accident, she was taken to Accident and Emergency and following examination of her injuries she was detained in the hospital for treatment over a period of five weeks. A medical report revealed the injuries had caused significant and prolonged admission to hospital and hospital reports of her complaints were consistent with a fall as described. The report stated that the lady had suffered excessive pain, the treatment of which required the use of opiates. She had undergone a period of delirium and increased confusion for six weeks following the accident. For some time, she had to wear a back brace. The Nursing home had made a settlement offer of €40,000 to the lady and same was recommended by counsel to the court. The Judge, accepting that the claimant could have difficulty in establishing exactly what happened, approved the offer. The Judge said the claimant had been unattended in the bathroom at the time. The judge felt the claimant’s ability to give evidence of her loss and suffering could also create a difficulty for her.