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High Court grants an award of €60,000 in damages to the plaintiff, reduced from €90,000 on foot of contributory negligence, after he tripped and fell on the public footpath, on the grounds that: (a) the Court was satisfied that the defendant was very likely to have been aware of the nature and cause of the damage to the footpath, including the elevated lip in the concrete pavement; (b) the Court accepted the plaintiff’s evidence that he tripped on the elevated edge of the concrete pavement and fell to the ground, fracturing his left ankle in the process; (c) the footpath in question was not designed and constructed in accordance with the design geometric considerations for simple urban junctions set out in the prevailing guideline, and consequently the defendant was liable at law for the injuries and loss suffered by the plaintiff as a consequence thereof; and (d) the plaintiff was in breach of the common law duty of care he owed to himself and was thus guilty of contributory negligence and liability was apportioned between the parties as one third against the plaintiff and two thirds against the defendant.
Personal injuries - plaintiff tripped and fell on the public footpath - the Council delivered a full defence incorporating a plea of non-feasance and contributory negligence - he tripped on the elevated lip of the damaged concrete and fell to the ground, sustaining a very serious injury to his left ankle in the process - whether the defendant was aware of the nature and and cause of the damage to the footpath - Section 34 (1) of the Civil Liability Act 1961, as amended - the plaintiff was guilty of contributory negligence as the weather was clement, the lighting was good and the damaged footpath, including the elevated concrete lip, were clearly evident to approaching pedestrians keeping a proper lookout and there was no reasonable explanation for the failure see, heed or avoid the tripping hazard - the Court apportioned fault as one third against the Plaintiff and two thirds against the Defendant - Court held that a reasonable sum to compensate the plaintiff for pain and suffering to date and into the future, commensurate with the injuries sustained was €90,000 - this is reduced to €60,000 on foot of contributory negligence - €60,000 awarded.
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