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The legal duty of .. by CaptainVertigo   (Show all posts)
CaptainVertigo
2016-04-18 18:55:31
The Wall Decision - Irish Times Report
The Irish Times Report: A hill walker who was injured when she fell on a rotting boardwalk on the Wicklow Way has been awarded €40,000 damages against the National Parks and Wildlife Service. Judge Jacqueline Linnane said Teresa Wall (59) had been directed by signs to use the boardwalk which, the court held, was a structure placed on the land by the Parks and Wildlife Service. Judge Linnane said it was clear from photographs produced in evidence that the boardwalk had been made up of second hand wooden railway sleepers that were badly rotted with protruding staples loosely holding down chicken wire.
She told barrister David McParland, counsel for Ms Wall, that reasonable care had not been taken to maintain the boardwalk in a safe condition and this failure was responsible for his client’s injuries, a gash to her right knee which required seven stitches. Barrister Kevin D’Arcy, who appeared with Erika Fagan for the State Claims Agency, had earlier told the court that although there had been hundreds of falls over the years by walkers in the country’s various national parks – many resulting in broken bones – Ms Wall’s was the first in which the service had been sued for negligence and breach of duty.
The housewife, of Rathingle Cottages, Swords, Co Dublin, told the court she had climbed in the Himalayas and to base camp on Mount Everest and could no longer hill climb or run marathons. She had been walking for 40 years and had walked “all around the world”. On August 6th, 2013 she and her husband had been coming down the mountain after a 30km-plus walk when they had “obeyed the laws of the mountain” by following a sign which directed hikers on to the boardwalk. She told Mr McParland that she used to run half marathons on a weekly basis as a hobby. She said her foot had snagged in a hole in one of the old railway sleepers that made up an EU ground conservation boardwalk just below the JB Malone memorial on the Sally Gap to Djouce trail near Roundwood.
Mr McParland, who appeared with Shannons Solicitors, said the wooden walkway constituted “a structure” and the Occupiers Liability Act imposed a much higher duty of care on the Parks and Wildlife Service in the maintenance and management of such a development. Mr D’Arcy had argued that Ms Wall had voluntarily participated in a unique rugged sporting activity of known reasonable risks and that the Parks Service was entitled to rely on the doctrine of volente non fit injuria (no wrong is done to one who consents). Judge Linnane said Ms Walll was a very experienced and keen hill walker and very fit. On the day she was wearing appropriate clothes, walking boots and walking sticks. The judge said there had been no contributory negligence on Ms Wall’s part.
She awarded Ms Wall €40,000 damages together with her legal costs but granted a stay on the decree and costs order to facilitate consideration of an appeal to the High Court. It is understood the Circuit Court order is to be appealed.
Geraldine Weir-Rod.. by CaptainVertigo   (Show all posts)
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Summit Comment
Cupidstown Hill: Enhance this with a visit to Oughterard
Bunsen7 a day ago.
Yes, perhaps this is not a very noteworthy hill. Cupidstown and Saggart Hill represent largely forest topped outliers of the Dublin/Wicklow range split from higher summits to the East by the N81. ...

  
Summit Comment
Knockowen: October 2016
davsheen 2 days ago.
View of the impressive Glanrastel valley from the side of Knockowen

  
Track
Near South Cork (Ireland)
sean_debarra 2 days ago.
walk, Len: 0.8km, Climb: 15m, Area: South Cork (Ireland)

Summit Comment
Cloghernagh: Picture
davsheen 2 days ago.
Cloghernagh Walk Nov 2016

  
Track
Route to Claggan NE Top
Onzy 3 days ago.
walk, Len: 8.0km, Climb: 2m, Area: Claggan Mountain NE Top, North Mayo (Ireland...

  
Summit Summary
Robber's Pass Hill: Minor heathery lump. Overcivilised and underwhelming.
Collaborative entry Last edit by: simon3 a week ago.
This oddly named hill is more a very minor heathery bump incorporated into the system of tracks laid out by the Wicklow Mountains National Park. It can be reached from any of the western car-parks...

Track
Slievemore Circuit
Onzy 3 days ago.
Route over Slievemore descending over rough grouns to the SE for variety. walk, Len: 8.1km, Climb: 639m, Area: Slievemore, Achill/Corraun (Ireland) Sliev...

  
Summit Comment
Farbreague: from Arderin
ewen a week ago.
Walked to Farbreague from Arderin. There is a track that some kind soul has marked with sticks and ribbon. When I say track, it is really a worn down trough in the bog.The multicoloured pipe at th...

  
Summit Comment
Tonelagee: Fore!!!
ewen a week ago.
Did from the Wicklow gap car park following track 2378.This starts immediately opposite the top entrance to the car park next to the main road. 5 days before there had been snow but now the path w...

Summit Comment
Brandon Hill: Grand on Brandon!
MountainBoy a week ago.
Me and my Dad climbed this from the farm track off the Graiguenamanagh-Instioge road on 26/11/16. Right after we got out of the car, we were faced with the dilemma of whether to go straight ahead ...

  
Summit Comment
Croaghmoyle: Easy walk up to great views
Fergal Meath a week ago.
Low lying cloud/mist/fog discouraged me from putting the effort into going up Nephin today. On the way home I parked at the start of the Croaghmoyle service road and followed it past a wind turbin...

  
Forum: General
Slieve Binnian - more track work ?
gernee a week ago.
Revisited Slieve Binnian for the first time in years on Friday - frost underfoot, blue skies and rolling mist contributed to a great walk, despite disappointment at seeing some of the track work u...


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