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Post details Post   (Contract pics)
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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Track
Camenabologue SE
Bunsen7 an hour ago.
This shortish alternative track makes use of a forest ride (as heralded by Simon3) from Glenmalure to reach Camenabol... walk, Len: 10.6km, Climb: 664m, Area: Camenabologue SE Top, Dublin/Wicklow (Ir

  
Track
Mullaghcleevaun circuit
osullivanm 2 hours ago.
A very pleasant circuit although some difficult ground between Duff Hill and the return to start of hike. walk, Len: 17.3km, Climb: 792m, Area: Black Hill, Dublin/Wicklow (Ireland) Blac...

  
Forum: General
An Alp for OAPs...
Colin Murphy 2 days ago.
If you an ageing hillwalker like myself who might have liked to bag an ‘Alp’ but are too long in the tooth to contemplate such an adventure, fear not, there is a simple little Austrian Alp you can...

Summit Comment
Divis: Great views
Wilderness 3 days ago.
The car park is quite high up on the west side of the mountain at J266741. There are a number of different trails to walk around on Divis and Black mountain. Divis is the highest point (478m), wi...

  
Summit Comment
Scrabo Hill: Hill with a tower on top
Wilderness 3 days ago.
The hill on its own is 160 meters high and the tower is 40 meters high. The tower is closed during the winter months.The hill can be climbed from the car park just below the Golf Clubhouse at J475...

  
Track
Great Mell Fell
David-Guenot 4 days ago.
walk, Len: 3.2km, Climb: 277m, Area: Great Mell Fell, Lake District - Eastern F...

Forum: General
MOUNTAINVIEWS MEMBERS MEET APRIL 2018
liz50 3 days ago.
Not long now until the first Mountainviews members meet of 2018. We will be walking in the Galtee mountains on Saturday 28th April. If you are thinking of joining us and would like more details pl...

  
Track
Bonscale Pike-Wether Hill Loop
David-Guenot 4 days ago.
A beautiful route which takes in 6 wainwrights (Bonscale Pike, Arthur's Pike, Loadpot Hill, Wether Hill, Steel Knotts... walk, Len: 17.3km, Climb: 948m, Area: Swarth Fell (Ullswater), Lake District -

  
Track
Little Mell Fell
David-Guenot 4 days ago.
walk, Len: 1.2km, Climb: 130m, Area: Little Mell Fell, Lake District - Eastern ...

Summit Comment
Keelogyboy Mtn Far E Top: A small beautifully shaped mountain.
Wilderness 4 days ago.
This mountain is easy to recognise because of its shape. A good place to start is at Doon Lough car park at G794363. From here walk down the R278 towards Sligo and take the second country road on ...

  
Track
The Ullswater Way
David-Guenot 4 days ago.
The Ullswater Way with a diversion up to the top of Gowbarrow (481m) and down via the Aira Force. walk, Len: 34.7km, Climb: 818m, Area: Lake District - Eastern Fells (Britain) G...

  
Summit Comment
Cloghernagh: Snow Covered Plateau
davsheen a week ago.
Cloghernagh and Lug taken from Croghanmoira


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