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High Court finds for the plaintiff and grants an award of damages in the sum of €66,989.59 in a personal injuries claim arising from a slip and fall on a museum stairway, on the grounds that: (a) the defendant failed in its duty to take reasonable care to ensure the safety of the plaintiff as, had there been an adequate and safe handrail system on the steps in question, the plaintiff would not have suffered the injury he did; (b) the plaintiff had suffered significant trauma, discomfort, inconvenience, expense and upset; and (c) there was no basis for a finding of contributory negligence.
Personal injuries claim - alleged negligence, breach of duty, including breach of statutory duty, nuisance and/or misfeasance - contributory negligence pleaded - slip and fall on stairway in National Museum - omnia praesumuntur contra spoliatorem (all things are presumed against the party that has destroyed evidence) - s. 3 of the Occupiers Liability Act 1995 - whether defendant failed to provide adequate and safe handrails on the steps and failed to install anti-slip strips on the nosings of the steps - whether the lower the risk of injury the less likely a defendant will be guilty of negligence - whether recollection of plaintiff and his wife unreliable.
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