Welcome to MountainViews
If you want to use the website often please enrol (quick and free) at top right.

General Whatever you want to say that doesn't fit under the comments about places or another forum.
Sort by >

More controls

<< Prev page 1 .. 7 8 9 10 11 12 .. 371 Next page >>
Post details Post   (Expand pics)
SCAVENGER WALK 12 .. by Peter Walker   (Show all posts)
The legal duty of .. by CaptainVertigo   (Show all posts)
The Irish Times Re.. by CaptainVertigo   (Show all posts)
CaptainVertigo
2016-04-18 18:46:25
Weir-Rodgers v SF Trust Ltd
Geraldine Weir-Rodgers sued SF Trust Ltd (a company formed by the Franciscan Order) claiming damages for personal injuries suffered when she fell down a cliff on the company’s seaside lands in County Donegal. Ms Weir-Rodgers claimed that after a social evening in April 1997 a group decided to go for a walk towards the beach at Coolmore, Rossnowlagh, to watch the sunset. There was an isolated section of fencing on a road to the beach , a piece of which had fallen down. She was sitting with friends close to the edge of a cliff. When she stood up she slipped, lost her footing and fell down the cliff which turned out to be much more sheer than she would have expected. Because of loose materials she was unable to stop and ended up in the water. She was rescued by a friend. She suffered extensive fractures and other injuries.
Mr. Justice Butler, in the High Court, found SF Trust to be in breach of its duty to the claimant under section 4 of the Occupiers Liability Act, 1995 and assessed damages at €113,000. However, he found the claimant to be guilty of contributory negligence to the extent of 25 per cent. The net judgment therefore was reduced to €84,666. The landowner appealed to the Supreme Court.
Mr Justice Hugh Geoghegan (with whom Mr Justice John Murray, the then Chief Justice, and Ms Justice Susan Denham, the current Chief Justice, agreed) said a person sitting down near a cliff must be prepared for oddities in the cliff's structure or in the structure of the ground adjacent to the cliff and he or she assumed the inherent associated risks. There could, of course, be something quite exceptionally unusual and dangerous in the state of a particular piece of ground which would impose a duty on the occupier, the effect of which would be that if he did not put up a warning notice he would be treated as having reckless disregard. But this was certainly not such a case. While obviously sympathetic to Ms Weir-Rodgers in her serious injuries he was satisfied there was no liability on the part of the landowner. He set aside the judgment of the High Court and dismissed the action. Costs were awarded against the claimant.
Commenting on the expert evidence given in the High Court, the Supreme Court judge stated:
Mr. McMullan (an engineer) was asked, was it obvious that the incline went down to a sheer drop and, therefore, straight down on to the beach and he said it would be obvious to some people but not necessarily to everyone and he said that there would be a danger there. At one point in the cross-examination of Mr. McMullan, Mr. Whelehan asked him if you were to put up a notice every place that there was a ridge or a cliff how many notices would have to be erected. His answer was that the place would be littered with notices. One does not have to be an engineer to agree with that answer and one does not have to be blessed with a high degree of common sense to opine that it is highly unlikely that the Oireachtas ever intended any such thing. Mr. McMullan’s evidence was extreme but, in my view, it logically had to be given to support the case of the [claimant]. For instance, in re-examination Mr. Finlay referred to a question Mr. Whelehan has asked Mr. McMullan as to whether he was suggesting that every stretch of the coast line should be fenced. I rather suspect that Mr. Finlay was hoping for a different kind of answer than he got. Mr. McMullan said that any area that is heavily pedestrianised should certainly have some warning signs and that there should also be a fence there as well. I must confess that this conjures up in my mind huge areas of coastline right around Ireland fenced against the public and littered with warning notices. An Oireachtas intention to that effect would seem unlikely but if a statute required it, the courts would be bound to uphold it.
4.—(1) In respect .. by CaptainVertigo   (Show all posts)
A woman has been a.. by wicklore   (Show all posts)
Donegal Mountain R.. by mcrtchly   (Show all posts)
Ireland’s Minerals.. by simon3   (Show all posts)
Hi folks, I'm look.. by madeleineblue   (Show all posts)
ACCORDING TO THE I.. by CaptainVertigo   (Show all posts)


RECENT CONTRIBUTIONS 1 2 3 .. 17 Next page >>
Track
Galtymore & Galtybeg from King's Yard
conrad1179 22 hours ago.
run, Len: 11.8km, Climb: 670m, Area: Galtymore, Galty Mountains (Ireland) Galty...

  
Summit Summary
Camaderry South East Top: Steep climb, sorry trail, great views.
Collaborative entry Last edit by: simon3 a day ago.
There's a number of ways to reach the top such as starting from the main, paying, carpark near the Glendalough lake at around T1115 9635. Going straight up from here more or less north there is an...

  
Summit Comment
Kirikee Mountain: Kirikee from the NW.
simon3 a day ago.
From the ridge south of Derrybawn there is this NW view of Kirikee.Courtesy of siteviewer_comreg.ie we can find the owner of this mast: Three Ireland.The amusing conjunction with the cairn below t...

Summit Summary
Brockagh Mountain SE Top: Flattish height NW of Laragh with views, boggy paths a
Collaborative entry Last edit by: simon3 a day ago.
Situated at the south eastern tip of a spur from Tonelagee it therefore commands wonderful views out over Laragh to the south east and Glenmacnass valley and waterfall to the north. Glendalough is...

  
Summit Comment
Carrickarede: Island.
sandman 3 days ago.
Carrickarede island is connected to the mainland by the world famous Carrick-a-Rede rope bridge. One of Northern Ireland's top tourist attractions it is operated by the National Trust but unfortun...

  
Track
BRANDON HILL - THE QUICK WAY
David-Guenot 2 days ago.
A steep but quick ascent along the forestry on rocky terrain, along what I believe has been dug as a firebreak rather ... walk, Len: 5.0km, Climb: 305m, Area: Brandon Hill, South Midlands (Ireland) B

Summit Comment
Inishmeane: The concrete road thru the village
magicstep 4 days ago.
Part of the village, about 10 houses in total.

  
Summit Comment
Inishmeane: Not much to do, a tranquil place.
magicstep 4 days ago.
Visited in 2014. There's a sandy beach and a solid pier with slipway and a picnic table facing the mainland. The road from the pier all the way thru the village is a robust concrete one, but it's ...

  
Track
BLACKSTAIRS CHALLENGE 2017 - A PEAK-BAGGER'S ROUTE
David-Guenot 2 days ago.
walk, Len: 34.1km, Climb: 1629m, Area: Black Rock Mountain, Blackstairs Mountai...

Summit Comment
Inishsirrer: Deserted village
magicstep 4 days ago.
Mainland on the horizon (left and right)

  
User profile
ewen
ewen 6 days ago.
Now living furth of Scotland and getting to know the Irish hills. If you come across a Scottish hill Walker with dodgy knees and walking sedately, stop and say hello.

  
Summit Comment
Inishsirrer: The only building that is not a ruin.
magicstep 4 days ago.
Surprisingly Donegal islands have a very good mobile internet reception, sometimes better than in an office in Dublin.


RECENT CONTRIBUTIONS 1 2 3 .. 17 Next page >>