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High Court dismisses a personal injury claim against a local authority, on the grounds that the plaintiff did not prove the location and that the cause of her fall was a defect in the footpath caused by tree root growth; and despite the plaintiff's injuries from the fall, there were significant gaps in evidence regarding the exact circumstances of the accident.
Personal injury - tree root damage - footpath defect - tripping hazard - South Dublin County Council - non-feasance rule - public road - duty of care - common law - statutory interpretation - Roads Act 1993 - liability - evidence - judicial restraint - mootness - Glencar test - assumption of responsibility - special level of control - UCC v. ESB - bona fides of claim - causation chain - factual witness - ambulance report - duty of care exceptions - Occupiers Liability Act 1995 - tree management policy - public nuisance.
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