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Subscribers to the.. by Peter Walker   (Show all posts)
There is a proposa.. by mcrtchly   (Show all posts)
SCAVENGER WALK 12 .. by Peter Walker   (Show all posts)
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.
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RECENT CONTRIBUTIONS 1 2 3 .. 23 Next page >>
Track
12 (Listed) Bens - Revisited
GSheehy 15 hours ago.
I was drawn back by the lure of completing the 2002 - 12 Bens Challenge route. I got the details from John J. Cotter w... walk, Len: 29.1km, Climb: 2598m, Area: Benglenisky, Twelve Bens (Ireland) Ben

  
Track
Greece, Pelion Peninsula: Paou to Chorto return
Onzy a week ago.
walk, Len: 8.3km, Climb: 237m, Area: Greece, Thessaly ()

  
Track
Greece, Pelion Peninsula: Affisos to Afetes return (2)
Onzy a week ago.
walk, Len: 9.7km, Climb: 458m, Area: Greece, Thessaly ()

Summit Comment
Big Collin: Permission required?
StephenMullin a week ago.
Hi thereCan anybody tell me if permission is required to walk up Big Collin? If so, how does one go about obtaining this?Many thanks!

  
Track
Greece, Pelion Peninsula: Portaria Circuit
Onzy a week ago.
walk, Len: 14.3km, Climb: 644m, Area: Greece, Thessaly ()

  
Summit Comment
Knockroe: Where Summits relocate with No Plate Movement
CaminoPat 2 days ago.
Knockroe summit is listed as being located in County Cork. The correct location however is County Waterford. Déise abú.

Summit Summary
Anglesey Mountain: Great Carlingford views from a so-so top
Collaborative entry Last edit by: Colin Murphy a week ago.
There is enough space to park one car at 100 167, just on the edge of a wood around a sharp u-bend. Proceed north for 100m before turning NE up a gentle slope, although the terrain is treacherous ...

  
Summit Summary
Pigeon Rock Mountain South Top: Nondescript summit for baggers only
Collaborative entry Last edit by: Colin Murphy a week ago.
Usually done in conjunction with Pigeon Rock itself, but can be done in isolation if you want. Car park can be found at 234 278 A. Take the track directly across the road that follows the Rocky Ri...

  
Track
Greek Islands: Kos
Onzy a week ago.
walk, Len: 5.8km, Climb: 381m, Area: Greece, South Aegean ()

Summit Comment
Wee Slievemoughan: The ups and downs
Colin Murphy a week ago.
Approaching from Rocky Mountain summit requires a bit of up-and-down trekking, as it is necessary to first ascend Tornamrock and then drop down again to a the col to the south before ascending Wee...

  
Track
Greek Islands: Kalymnos
Onzy a week ago.
walk, Len: 1.8km, Climb: 183m, Area: Greece, South Aegean ()

  
Summit Comment
Rocky Mountain: Pony express
Colin Murphy a week ago.
Seeing a group of about 7 or 8 ponies at the top of a mountain was a first for me. I did a little research and apparently these animals are wild, (according to a NI veterinarian group.) I also dis...


RECENT CONTRIBUTIONS 1 2 3 .. 23 Next page >>