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High Court dismisses a personal injuries claim, in which the plaintiff was injured after being engaged to carry out pregnancy tests on cattle at the defendant's property, on the grounds that: (1) Teagsac had acted to extinguish the risk to the plaintiff by providing a crush box equipped with a restraint bar; (2) the plaintiff could be expected to anticipate how immediate the danger to the cow was; (3) the evidence of the operator of the crush box was preferred over the plaintiff’s; and (4) and allegation about the suitability of the crush was not pleaded, and therefore cannot be advanced.
Personal Injuries – plaintiff engaged by the Defendant (Teagasc) to carry out pregnancy tests on cattle at Teagasc's premises at Grange - testing was to be carried out by introducing each cow to a cattle crush, where the animal was restrained in a neck brace – availability of iron bar as a safety feature - farm accidents – Health and Welfare at Work Act 2005 - claim dismissed.
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